.•< 


DIGEST 


OF  thf: 


LAWS     OF     ILLINOIS, 


RELATING    TO 


COMMON  SCHOOLS  AND  SCHOOL   LANDS; 


TO    WHICH    IS    ADDED,    AJJ 


APPENDIX  OF  INSTRUCTIONS  AND  FORMS: 


PREFAREO    UNDER    THE    DIRECTION    OF    A    JOINT    COMMITTEE    OF    THE     GENERAL   ASSEMBLY. 


BY  WILLIAM  THOMAS, 


A  SENATOR  FROM  THE  COUNTY  OF  MORGAN,  AND  A  MEMBER  OF  THE  SAID  COMMITTEE. 


VANDALIA: 
J.  Y.  SAWYER,  PUBLIC  PRINTER. 

1835. 


/'; 


Of  the  Laws  of  Illinois^  relating  to  Common  Schools  and 

School  Lands. 


JOINT  RESOLUTION,  ADOPTED  JANUARY  27,  1835. 

Resolved  by  the  Senate  and  House  of  Representatives,    That  a  Joint  resolution 
Joint  Select  Committee  of  two  from  the  Senate,  and  three  from  directing  the 
the  House  of  Representatives,  be  appointed  to  digest  and  publish,  anduubilcation 
in  pamphlet  form,  the  present  School  Laws,  with  such  amendments  of  this  digest, 
as  the  present  Legislature  may  engraft  thereon ;  to  be  distributed 
among  the  several  School  Districts  in  this  State. 


[The  following  extracts,  taken  from  the  ordinance  adopt- 
ed by  the  Convention  of  the  State  of  Illinois,  show  what  Ordinance  of 
Lands  have  been  srranted  to  the  State  for  purposes  of  Edu-  }?^^- 

J  iU      *  r  xu  X  1  t-      r  Grants  made  to 

cation;  and  the  terms  oi  the  grant:]  the  State  by 

Congress  for  the 

Wherkas,  the  Congress  of  the  United  States,  in  the  purposes  of 
act,  entitled  "An  act  to  enable  the  people  of  the  Illinois  ««^"<^*''0"' 
Territory  to  form  a  Constitution  and  State  Government, 
and  for  the  admission  of  such  State  in  the  Union,  on  an 
equal  footing  with  the  original  States,  passed  the  1 8th  April, 
1818,"  have  offered  to  this  Convention,  for  their  free  ac- 
ceptance or  rejection,  the  following  propositions,  which,  if 
accepted  by  the  Convention,  are  to  be  obligatory  upon  the 
United  States,  viz: 

"1st.  The  section  numbered  sixteen  in  every  township, 
and  when  such  section  has  been  sold,  or  otherwise  dispo- 
sed of,  other  land  equivalent  thereto,  and  as  contiguous  as 
may  be,  shall  be  granted  to  the  State  for  the  use  of  the  in- 
habitants of  such  township  for  the  use  of  schools. 

"2d.  That  all  salt  springs  within  such  State,  and  the 
lands  reserved  for  the  use  of  the  same,  shall  be  granted  to 
the  said  State  for  the  use  of  the  said  State,  and  the  same 
to  be  used  under  such  terms  and  conditions,  and  regula- 
tions, as  the  legislature  of  said  State  shall  direct:  Provi' 
ded,  the  legislature  shall  never  sell  nor  lease  the  same  for 
a  longer  period  than  ten  years  at  any  one  time. 

"3d.  That  five  per  cent,  of  the  net  proceeds  of  the 
lands  lying  within  such  State,  and  which  shall  be  sold  by 
Congress  from  and  after  the  first  day  of  January,  one  thou- 
sand eight  hundred  and  nineteen,  after  deducting  all  expen- 
ses incident  to  the  same,  shall  be  reserved  for  the  purpose 


G 


Term  of  ser- 
vice. 

Declared  a  bo- 
dy corporate. 

Oath. 


May  lease  for 
ten  years. 


On  the  best 
terms.. 


Lessees  com- 
mitting waste, 
liable  to  an  ac 
lion. 


trustees  of  the  school  lands;  said  court  shall  fill  vacancies 
that  may  occur  in  said  board  of  trustees;  and  said  trustees, 
when  appointed,  shall  hold  their  o'ffice  for  four  years,  and 
until  their  successors  are  appointed  and  qualified  to  office. 

Sec.  2.  Said  trustees  shall  be  a  body  politic  and  corpo- 
rate, and  may  sue  and  be  sued  by  the  name  and  description 
aforesaid,  in  any  court  in  this'State.  They  shall,  before 
entering  upon  the  duties  of  their  office,  take  an  oath,  well 
and  truly  and  faithfully  to  execute  the  duties  of  trustees  of 
the  school  lands  for  said  township,  so  far  as  relates  to  the 
sixteenth  section  thereof,  according  to  law,  agreeably  to 
the  best  of  their  understanding;  which  oath  shall  be  ad- 
ministered by  some  justice  of  the  peace,  and  shall  be  en- 
dorsed on  their  certificate  of  appointment. 

Sec.  5.  The  trustees,  or  a  majority  of  them,  shall  have 
power  to  lease  any  of  said  lots,  except  such  as  may  be  re- 
served as  aforesaid,  to  any  person  or  persons  wishing  to 
lease  the  same,  for  such  term  of  time  as  they  may  think 
proper,  not  exceeding  ten  years,  and  upon  such  terms  as 
they  may  think  most  conducive  to  the  interest  of  the  town- 
ship: Provided^  That  said  trustees  shall  advertise  the  leas- 
ing of  sueh  lands  for  at  least  four  weeks,  in  four  of  the  most 
public  places  of  the  township,  previous  to  the  making  any 
lease;  and  said  trustees  shall  lease  said  lands  to  the  persons 
offering  the  best  terms;  and  shall,  or  a  majority  of  them, 
make  and  execute  leases  to  the  persons  to  whom  they  may 
let  such  lands.  Said  leases  shall  be  conditioned  to  use  the 
lands  in  a  husband-like  manner,  and  not  to  commit  or  suffer 
waste  thereon,  and  to  pay  said  trustees  at  the  end  of  each 
year,  the  amount  of  money  or  rent  agreed  upon  in  said 
lease.  [This  section,  although  repealed  by  the  "act  requi- 
ring the  auditor  to  issue  his  warrant  on  the  treasury  for 
school  purposes,"  approved,  22d  January,  1829,  was  revi- 
ved by  the  3d  section  of  the  act  of  15th  February,  1831, 
(vide  post,)  so  far  as  related  to  lands  which  had  been  leased 
previous  to  that  time.  See,  further,  the  act  of  22d  Febru- 
ary, 1833,  confirming  such  leases,  joo5^] 

Sec.  6.  If  any  lessee,  his,  her,  or  their  heirs  or  assigns,  or 
any  other  person  or  persons,  shall  cut  down  or  destroy  any 
more  timber  than  may  be  necessary  for  the  improvement 
and  cultivation  of  the  lot  so  leased;  or  shall  do  any  damage 
to  said  leased  premises,  or  commit  any  unnecessary  waste 
thereon,  or  cut  or  take  from  off  the  same,  any  timber  from 
the  lot  so  reserved,  without  first  obtaining  the  order  of  the 
trustees  of  such  township,  every  such  lessee,  or  person 
claiming  under  him,  and  all  other  persons  offending,  shall 
be  liable  to  the  said  trustees  in  an  action  of  damages;  and 
every  lessee  violating  the  provisions  of  this  act,  upon  con- 
viction thereof,  shall  forfeit  his  or  her  lease. 


Sec.  9.  When  any  township  lies  partly  in  one  county  and  Where  town- 
partly  in  another,  or  others,  the  business  of  said  township,  P'"'^  ''^^  partly 

^     r   '^  1  I  11111  •  I      II   1  i^' in  one  county, 

so  tar  as  relates  to  the  school  lands  therein,  shall  be  trans-  partly  in  an- 
acted  under  the  direction  of  the  commissioners'  court  of  other. 
the  county  which  contains  the  greater  portion  of  the  school 
lands  in  said  township. 

Sec.  10.  The  said  trustees  shall  have  power,  whenever  Trustees  may 
they  deem  it  expedient,  to  appoint  and  discharge  at  plea-  ^PPO''"  ^  <;ierk 
sure,  a  clerk  and  treasurer.  The  clerk  shall  record  the  of-  tu  • .  j  • 
ficial  proceedings  of  the  said  trustees,  file  dnd  preserve 
such  papers  as  they  may  direct,  and  furnish  the  treasurer, 
from  time  to  time,  with  a  statement  of  the  debts  and  mo- 
neys which  such  treasurer  may  be  authorized  to  receive. 
Such  clerk  shall,  on  the  first  day  of  the  county  commis- 
sioners' court,  at  their  June  term,  annually,  transmit  a  copy 
of  the  proceedings  of  said  trustees,  of  the  past  year,  to  said 
court.  The  treasurer  shall  give  bond,  in  such  penalty  as 
the  trustees  shall  prescribe;  with  approved  security,  paya- 
ble to  them  and  their  successors  in  office,  conditioned  that 
the  said  treasurer  shall  faithfully  perform  the  duties  of  his 
office,  account  for  and  pay  over  all  moneys  he  may  have 
in  his  possession,  in  pursuance  of  any  order  given  by  a 
majority  of  said  trustees.  It  shall  be  the  duty  of  said  trea- 
surer to  receive  all  moneys  due  for  rent,  or  in  any  other 
way  accruing  to  the  school  fund  of  said  township,  to  keep 
fair  and  regular  accounts, and  shall  exhibit  his  books  to  a  ma- 
jority of  said  trustees,  whenever  they  shall  require  the  same. 

Sec.  14.    Upon  the  death  or  resignation  of  any  trustee.  Death  orresig- 
appointed  under  the  provisions  of  this-act,  the  survivor  or  nation  of  trus- 
survivors,  shall  do  and  perform  all  the  duties  required  of '*^®^* 
such  trustees,  until  successors  be  appointed. 

Sec.  15.    The  trustees,  clerk,  and  treasurer,  appointed  Compensation 
under  the  provisions  of  this  act,  for  their  services  perform-  ^°  tiustees,  &,c. 
ed,  shall  be  allowed  a  reasonable  compensation,  paid  out  of 
the  school  fund  of  the  township  in  which  they  reside,  as  the 
county  commissioners'  court  may  direct,  or  as  the  citizens 
of  the  township  may  otherwise  provide  for. 

Sec.  16.  An  act  relating  to  the  lands  reserved  for  the  Acts  repealed, 
use  of  schools,  approved,  March  2,  1819;  the  act  providing 
for  persons  settled  on  the  school  lands,  approved,  March 
24,  1819,  are  hereby  repealed:  Pi'ovided,  That  all  leases, 
surveys,  and  all  other  lawful  acts,  heretofore  made  by  the 
trustees  of  the  school  lands  in  each  township;  and  all  trus- 
tees heretofore  appointed  that  have  discharged  the  duties 
of  their  office,  shall  continue  in  office  for  the  term  of  time 
for  which  they  were  appointed;  and  all  rights  acquired  un- 
der the  act  hereby  repealed,  shall  be  of  the  same  validity, 
and  shall  be  settled  in  the  same  manner  as  though  this  act 
had  not  been  passed.  Approved,  Feb.  17,  1827. 


8 


Act  of. January  yliV  ACT  aulhovhing  the.  Sale  of  Sections  numhered  Six- 
'  teen^  or  such  Lands  as  may  he  granted  in  lieu  thereof  to 

the  inhabitants  of  snch  townships  for  the  use  of  Schools, 

Commissioner       Sec.  2.  It  shall  be  the  duty  of  the  county  commissioners' 
count*"*shair*'  coui't  of  each  and  every  county,  on  proclamation  being 
be  appointed,    made  as  aforesaid,  to  appoint  some  good,  competent  and 
responsible  person  of  the  county,  to  act  as  commissioner 
and  agent  for  the  inhabitants  of  the  county,  and  who  shall, 
at  all  times,  while   acting  as  commissioner,  reside  in  the 
Shall  give        county;  and  before  entering  upon  the  duties  of  his  office, 
bond.  he  shall  give  bond  and  security  in  the  sum  of  twelve  thou- 

sand dollars,  by  three  or  more  responsible  freeholders,  con- 
ditioned for  the  faithful  performance  of  all  the  duties  re- 
quired by  this  act,  or  which  may  hereafter  be  required  and 
enjoined  on  him  by  law;  which  bond  shall  be  drawn  in  the 
name  of,  and  payable  to,  the  county  commissioners  of  the 
county,  or  their  successors  in  office,  for  the  use  of  the  in- 
habitants of  the  county,  and  of  each  and  every  congres- 
sional township  therein;  and  which  bond,  when  broken, 
How  sued  up-  may  be  prosecuted,  and  sued  upon,  and  judgment  thereon 
on-  rendered  against  the  principal  and  securities,  either  jointly 

or  severally,  for  the  sum  found  due,  in  any  court  having 
jurisdiction  thereof,  for  the  use  of  the  inhabitants  of  any 
township  to  whom  the  same  may  of  right  belong. 

[That  part  of  this  section  which  makes  the  appointment 
of  the  school  commissioner  await  the  proclamation  of  the 
Governor,  is  repealed.     See  1st  Sec.  of  the  Act  of  1831.] 

Sec.  3.  When  it  shall  appear  necessary  for  the  better 
securing  and  managing  the  funds  or  moneys,  which  shall 
come  into  the  hands  of  any  commissioner  so  appointed,  the 
commissioners'  court  may  require  additional  security,  in 
the  sum  aforesaid,  or  any  other  sum  they  shall  deem  right; 
and  for  any  good  cause,  such  as  misapplication  of  the  mo- 
ney, neglect  of  duty,  or  failure  to  give  the  necessary  infor- 
mation of  the  loans  made,  or  transaction  of  the  business 
committed  to  his  care,  when  required,  the  commissioners' 
court  may  remove  him  from  office,  and  in  that  case,  or  in 
case  of  death,  or  resignation,  appoint  another,  and  require 
bond  and  security  as  aforesaid;  and  all  bonds  given  as 
aforesaid,  shall  be  filed  in  the  commissioners'  court  of  the 
proper  county,  and  an  entry  of  record  made  of  all  such  ap- 
pointments, removals,  and  bonds  given,  the  amount,  the 
time  when  executed  and  delivered,  and  the  names  of  the 
securities,  and  a  certificate  of  appointment  shall  be  made 
out,  with  the  seal  of  the  court  affixed,  and  a  certificate  of 
the  clerk,  and  handed  over  to  the  commissioner  so  ap- 
pointed. 


Additional  se- 
curity may  be 
required. 


How  removed 
from  office. 


Certificate  of 
appointment. 


9 

Sec.  4.    It  shall  be  the  duty  of  such  commissioner  or  Commissioner 
agent,  to  procure  well  bound  books,  in  which,  previous  to  coid^^^  ^  ^^' 
making  sale  of  any  school  lands,  he  sliall  make  a  record  of 
-his  appointment,  or  commission,  and  of  all  the  school  lands 
in  his  county,  as  contemplated  in  this  act,  in  a  clear  and  ^ 

comprehensive  manner,  designating  the  Congressional 
townships,  ranges,  sections,  and  numbers  of  acres  in  each 
section. 

Sec.  5.  When  the  inhabitants  of  any  Congressional  town-  The  iuhabi- 
ship  shall  be  desirous  to  sell  and  dispose  of  section  num-  'f"'^  °'  ^°"'"". 

i^         .  Ill  1  ^     1     11   1  1  1   •      shjps  may  petj- 

bered  sixteen,  or  such  lands  as  have  or  shall  be  selected  m  uon  commis- 
lieu  thereof,  granted  for  the  use  of  the  inhabitants,  for  the  sioner. 
use  of  schools,  they  shall  make  their  wish  known  to  the 
said  commissioner,  by  a  petition  in  writing,  w^hich  shall  be 
signed  by  at  least  nine-tenths  of  the  freeholders  and  house- 
holders of  the  township,  and  which  shall  be  signed  public- 
ly, and  of  their  own  free  will  and  accord,  at  any  place  in 
the  township  at  which  they  may  assemble,  or  otherwise, 
and  which  shall  be  done  in  the  presence  of  at  least  two  Pvoof  of  sign- 
good  citizens  of  the  township,  and  shall  make  oath  that  ing. 
said  individuals  signed  said  petition  freely,  and  that  the 
true  intent  and  meaning  thereof  was  made  known  and  ex- 
plained to  them  previous  to  signing,  which  oath  shall  be  in 
writing,  signed  by  the  persons  making  the  same,  on  the  pe- 
tition, or  the  same  shall  be  annexed  thereto. 

[So  much  of  this  section  as  requires  nine-tenths  of  the 
freeholders  and  householders  of  the  township  to  petition 
before  the  land  can  be  sold,  is  repealed.  See  Sec.  1st  of 
the  Act  of  1831.] 

Sec.  6.    Upon  petition  as  aforesaid,  and  it  appearing  to  Upon  which 
the  satisfaction  of  the  commissioner  that  nine-tenths  of  the  f^'^- 16  may  be 
citizens  of  the  township,  as  above,  have  signed  said  petition  °° 
fairly  and  freely,  he  shall  proceed  and  advertise  the  land 
for  sale,  giving  at  least  forty  days'  notice  previous  to  sell- 
ing, particularly  describing  the  land,  the  time  when,  and 
the  place  where,  to  be  sold,  by  posting  up  written  or  print-  Notice  thereof, 
ed  notices  in  six  of  the  most  public  places  in  the  county, 
and  likewise  by  publishing  the  same  in  som'fe  newspaper, 
the  nearest  to  the  land,  either  in  the  State,  or  any  adjoin- 
ing State,  as  said  commissioner  shall  deem  best;  and  all 
such  lands  shall  be  offered  and  sold  at  public  vendue,  at  the 
seat  of  justice  of  the  county  in  which  the  land  shall  He,  ^v^^en  and 
and  during  the  sitting  of  the  Circuit  Court,  or  the  time  said  ^^^'^''^  *°^*^" 
court  ought  to  be  in  session,  should  the  court  not  sit  at  the 
time  stated  by  law,  and  in  no  case  shall  he  offer  a  greater 
quantity  than  eighty  acres,  or  a  half  quarter  section,  in  one 
lot;  and  all  subdivisions  of  tracts  shall  be  made  and  sold  as 
now  directed  and  observed  by  the  United  States  in  selling 
public  lands,  by  lines  north  and  south,  and  all  sales  shall  be 


10 


Price. 


Payment. 


Certificate  of 
sale  and  paj'- 
ment. 

Default  of  pay- 
ment and  sec- 
ond sale. 


Diffeience  to 
be  paid  by  first 
purchaser. 


Report  to  coun* 
ty  commission- 
ers' court. 


Report  to  the 
Auditor. 


conducted  openly  and  fairly,  between  the  hours  of  nine 
in  the  morning,  and  six  o'clock  in  the  evening,  and 
may  be  adjourned  from  day  to  day,  during  the  session 
of  the  court.  The  comriiissioner  shall  cry  (or  cause  the 
same  to  be  done,)  the  tract  distinctly,  and  give  a  reasona- 
ble time  for  persons  to  bid,  and  the  same  shall  be  stricken 
oft'  and  sold  to  the  highest  bidder,  and  set  down  to  him: 
Provided,  That  the  sum  bid  shall  amount  to  one  dollar  and 
twenty-five  cents  per  acre;  if  that  sum  be  not  offered,  no 
sale  of  such  tract  shall  take  place,  but  the  same  shall  be  set 
down  and  noted  unsold. 

[So  much  of  this  section  as  requires  the  petition  to  sell, 
to  be  signed  by  nine-tenths  of  the  citizens  of  the  township, 
and  so  m-uch  as  directs  the  manner  of  subdividing  the  sec- 
tions, and  fixes  the  price  at  which  lands  may  be  sold,  and 
so  much  as  requires  sales  to  be  made  during  the  sitting  of 
the  Circuit  Court,  is  repealed.] 

Sec.  7.  The  purchaser  shall,  during  the  day  on  which  he 
purchases,  or  on  the  morning  before  the  next  day's  sale 
commences,  pay  to  the  commissioner,  in  gold  or  silver 
coin,  or  notes  of  the  Bank  of  the  United  States,  the  amount 
of  the  land,  or  lands,  so  by  him  purchased;  whereupon  said 
commissioner  shall  give  him  a  certificate,  or  receipt,  sta- 
ting the  land  particularly,  the  price  sold  for,  r.nd  the  pur- 
chaser's name  and  place  of  residence.  If  any  person  shall 
purchase  any  tract,  and  not  pay  the  money  as  above  sea- 
ted, the  same  shall  be  again  offered,  and  if,  on  a  second  sale, 
the  same  shall  not  sell  for  so  great  a  sum  as  at  the  first  sale, 
the  person  so  bidding  off  said  tract,  and  not  paying  for  it, 
shall  be  liable  for  the  difference  between  the  first  and  sec- 
ond sale,  to  be  recovered  for  the  use  of  the  township,  in 
the  name  of  the  said  commissioner,  vhose  duty  it  shall  be 
to  prosecute  and  sue  for  the  same  in  any  court  having  juris- 
diction thereof. 

Sec.  8.  Said  commissioner  shall  make  to  the  commis- 
sioners' court  of  his  county,  at  every  regular  term  thereof, 
a  true  statement  or  return  in  writing,  of  all  the  lands  so 
from  time  to  time  sold,  particularly  describing  the  land, 
number  of  acres,  section,  township  and  range,  price  per 
acre  for  which  the  same  was  sold,  the  time  when  sold,  and 
the  name  and  place  of  residence  of  the  purchaser,  which 
shall  be  recorded  in  the  said  court  in  a  well  bound  book, 
and  the  original  shall  be  carefully  filed  and  preserved  in 
the  said  court;  and  said  commissioners  shall,  in  like  man- 
ner, make  out  and  forward,  by  mail,  every  three  months, 
to  the  Auditor  of  Public  Accounts,  a  similar  statement  and 
return,  which  shall  be  recorded  in  like  manner  by  said 
Auditor,  and  the  return  filed  and  preserved.  And  it  shall 
be  the  dutv  of  the  Auditor  to  make  out,  in  the  name  of  the 


n 

Governor,  and  the  same  shall  be  signed  by  the  Governor, 
the  Seal  of  State  affixed  by  the  Secretary  of  State,  and  the 
same  shall  be  countersigned  by  the  Auditor,  patents  for  the  Patents  shall 
land  so  sold,  or  lands  sold  at  private  sale,  after  being  first '^"®" 
offered  at  public  sale,  which  shall  completely  vest  in  the 
purchaser,  or  purchasers,  the  fee  simple,  a  sure,  perfect, 
and  absolute  title  to  the  land  so  purchased  and  patented; 
and  the  Auditor,  after  having  made  an  entry  of  the  date 
thereof,  shall  forward  the  same  to  the  said  commissioner, 
to  be  by  him  delivered  to  the  person  or  persons  entitled 
thereto,  on  presentation  and  surrender  of  the  oi'iginal  cer- 
tificate, or  receipt,  given  to  such  person  or  persons,  which 
receipts  shall  be  filed  and  preserved  by  said  commissioner. 

Sec.  9.  It  shall  be  the  duty  of  the  Auditor  of  Public  Ac-  Auditor  and 
counts,  and  the  Secretary  of  State,  on  request,  to  give,  offi-  Secretary  of 
cially,  to  any  commissioner  so  appointed  in  any  county,  '^'^^®- 
information  respecting  the  school  lands  in  the  county,  so 
far  as  they  are  enabled  so  to  do  from  the  records  and  do- 
ments  in  their  respective  offices. 

Sec.  10.  It  shall  be  the  duty  of  each  and  every  commis- Commissioner 
sioner  so  appointed,  to  make  a  complete  record,  in  a  well  ^°  ^^^P  °-  ^^' 
bound  book,  or  books,  of  all  petitions,  signers'  names,  &c. 
presented,  praying  for  the  sale  of  such  school  lands,  when 
he  shall  be  clearly  of  the  opinion  that  the  same  has  been 
fairly  obtained,  and  signed  by  the  number  of  citizens  above 
stated,  and  he  shall  determine  to  proceed  to  advertise  and 
sell;    and  also  a  record  of  all  sales  made,  describing  the  What  it  thali 
land  particularly,  the  price  sold  for,   the  time  when  sold,  <^°"'^'"- 
the  purchaser's  name  and  place  of  residence,  in  a  clear  and 
concise  manner,  in  order  to  perpetuate  and  preserve  the 
title;  and  he  shall  make  an  entry,  in  a  well  bound  book,  of 
all  mone\'s  by  him  received  on  sales  of  land,  and  shall  keep 
the  money  and  interest  arising  therefrom  on  loans  made, 
of  every  township  separate  and  distinct,  and  shall  loan  the  Loans  of  mo- 
same  in  like  manner,  and  in  all  mortgages  and  notes  taken,  "^y- 
the  same  shall  state  to  what  township  the  same  belongs; 
he  shall  loan  all  the  moneys  which  shall  come  into  his  pos- 
session, for  the  best  and  highest  interest  he  can  get,  and 
securing  the  same  by  taking  good  personal  security,  or  by  Secured  by  note 

1  1       I  •    1    1        •  1     11  1       r  or  mortgage. 

mortgage  on  real  estate,  and  which  letting  shall  be  tor  one 
year,  or  a  term  of  years,  not  exceeding  five ;  and  all  sums 
loaned,  viz:  ojfie  hundred  dollars,  or  any  sum  under  that, 
may  be  secured  by  the  borrower  giving  a  note,  with  two 
or  more  good  responsible  freeholders,  as  sureties,  who 
shall  sign,  and  be  considered  in  all  respects  as  principals. 
Sums  over  one  hundred  dollars  shall  be  secured  by  mort- 
gage on  real  estate,  the  title  of  which  shall  be  clear,  unin- 
cumbered, and  indisputable,  in  value  treble  the  amount  so 
loaned;  and  it  shall  be  expressed  in  all  mortgages  and  notesy 


Additional  se-  that  when  additional  security  shall  be  required,  that  the 
'^""*^"  same  shall  be  given  to  the  satisfaction  of  the  commissioner; 

all  mortgages  and  notes  shall  be  drawn  in  the  name  of,  and 
payable  to  said  commissioner,  or  his  successor  in  office,  for 
the  use  of  the  inhabitants  of  the  township  to  which  the  mo- 
ney so  loaned  properly  belongs;  and  the  interest  agreed 
on  shall  be  expressed  and  required  to  be  paid  punctually 
paid  every  year,  at  the  time  specified,  and  which  interest 
Interest  paya-  shall  be  paid  over  by  said  commissioner,  annually,  to  the 
bieyeari}'.  trustees,  or  such  person  or  persons  of  the  township  to 
which  it  belongs,  as  the  county  commissioners  shall  ap- 
point, and  under  the  regulations  and  restrictions  the 
said  court  shall  deem  right,  and  make  known,  relating  to 
the  distribution  of  said  interest,  the  principal  remaining  en- 
tire, and  not  in  any  case  diminished. 

[So  much  of  this  section  as  requires  the  commissioner  to 
loan  the  money  for  the  best  and  highest  interest  he  can  get, 
is  repealed;  and  the  rate  of  interest  is  to  be  fixed  by  the 
commissioners'  court.   See  7th  Section  of  the  Act  of  1 831.] 
Private  sales  of     Sec.  11.  All  lands  which  shall  not  be  sold  at  public  sale, 
land.  and  no  sale  shall  be  made  until  the  same  shall  have  been 

first  offered  publicly,  may  be   purchased  of  said  commis- 
Prjce.  sioner,  at  private  sale,  at  one  dollar  and  twenty-five  cents 

per  acre,  cash  down;  and  the  commissioner  of  each  and 
every  county  is  hereby  empowered  and  authorized  to  bring 
suit,  and  prosecute,  on  all  contracts  made  by  virtue  of  his 
office,  when  the  same  becomes  necessary;  and  he  shall  be 
allowed  such  compensation  for  services  rendered  under 
this  act,  and  expenses  incurred,  as  the  county  commission- 
ers of  his  co.unty  shall  deem  just. 

[So  much  of  this  section  as  relates  to  the  price  at  which 
land  may  be  sold,  is  repealed.  See  5th  Section  of  the  Act 
of  1831.]- 

In  force  from  its  passage. 

Approved,  January  22,   1829. 


Act  of  Feb.  15,  AN  ACT  to  amend  an  act,  entitled  an  act  authorizing  the 
^^^^'  sale  of  Sections  numbered  Sixteen,  or  such  Lands  as  may 

he  granted  in  lieu  thereof  to  the  inhabitants  of  such  town- 
ships for  the  use  of  Schools. 

Certain  acts  Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois, 

repealed.         represented  in  the  General  Assembly,  That  the  first  section 

of  the  act,  entitled  "An  act  authorizing  the  sale  of  sections 

numbered  sixteen,  or  such  land  as  may  be  granted  in  lieu 


i:5 

thereof  to  the  inhabitants  of  such  townships,  for  the  use  of 
schools,"  approved,  January  22,  1829;  and  so  much  of  the 
second  section  of  said  act  as  makes  it  imperative  for  the 
county  commissioners  of  each  and  every  county  to  wait 
for  a  proclamation  by  the  Governor,  before  they  shall  ap- 
point a  commissioner  or  agent  for  the  inhabitants  of  the 
county;  and  so  much  of  the  fifth  section  of  said  act  as  re- 
quires nine-tenths  of  the  freeholders  and  householders  of 
the  township  to  petition  before  the  land  can  be  sold;  and 
such  other  parts  of  the  above  recited  act,  as  are  inconsis- 
tent with  the  provisions  of  this  act,  be,  and  the  same  are 
hereby  repealed. 

Sec.  2.    The  county  commissioners'  court  of  each  and  County  com- 
every  organized  county  shall,  at  any  regular  term,  pro-  missioners' 
ceed  to  select  and  appoint  the  commissioner  of  the  coun-'^^""\°^PP°'"' 
ty,  and  require  bond,  or  bonds,  as  stipulated  in  the  act  to 
which  this  is  an  amendment;   and  all  other  provisions  and 
stipulations  in  said  act  shall  be  carried  into  effect,  sales 
made,  and  patents  issued,  as  fully  as  if  government  had  as- 
sented to  the  sale,  and  the  sales  made  as  aforesaid,  shall  be 
valid:     Provided^  That  no  land  shall  be  sold  unless  peti- Lands  not  to  be 
tioned  for,  as  pointed  out  in  the  act  hereby  amended,  by  ^°^^'  unless 
three-fourths  of  the  white  male  inhabitants  in  the  town-  inhabitants  pe- 
ship,  over  twenty-one  years  of  age:     And  provided^  «Z50, tition. 
That  no  sale  of  such  lands  shall  be  made  in  any  township, 
unless  the  same  contains  at  least  fifty  white  inhabitants. 

Sec.  3.  Hereafter  it  shall  be  the  duty  of  the  county  com-  County  com- 
missioners' court  of  the  several  counties,  to  appoint  trus-  missioners' 
tees  in  each  township,  as  provided  for  by  an  act  relating  to  tni'stee^*''^^'"' 
school  lands,  approved,  February  17,  1827;   and  said  trus- 
tees, when  so  appointed,  shall  be  required  to  do  and  per- 
form so  much  of  the  duties  of  trustees  set  forth  by  that 
act,  as  will  be  conducive  to  the  advancement  of  common 
schools,  in  their  township.     And  the  said  act  is  hereby  re- 
vived and  made  to  be  in  force  hereafter,  for  the  regulation 
of  their  proceedings  in  all  cases  where  the  school  lands 
have  been,  or  may  be  hereafter  leased;    and  said  trustees  Their  duties, 
shall  perform  all  other  duties  required  by  this  act:     Provi- 
ded, That  in  no  case  shall  said  trustees  lease  out  any  school 
lands  which  have  not  heretofore  been  leased. 

Sec.  4.  Whenever  three-fourths  of  the  legal  voters  of  the  Lan-i  to  be  va- 
township  shall  petition  the  commissioner  to  sell  the  school  i^ed. 
lands  in  the  township,  the  trustees  shall  proceed,  previous 
to  the  lands  being  offered,  to  value  each  half  quarter,  or 
other  smaller  subdivision,  if  they  shall  deem  it  advantage- 
ous to  sell  in  smaller  quantities,  and  shall  make  out  a  a  map  Maps  to  be 
of  the  said  school  lands,  with  the  several  tracts  marked  "'ade. 
and  numbered  thereon,  as  proposed  by  them  to  be  offered, 
with  a  certified  statement  of  the  valuation  per  acre,  of  each 


14 


Commissionei* 
to  keep  book. 


Kow  sales  shall 
bu  conducted. 


Leases  to  be 
respected. 


Claimaat  un- 
der lease,  to 
give  notice. 


Mone)-  to  be 
loa:u'd. 


Con?:iiistiou- 
er's  return. 


particulai-  tract,  and  the  number  of  acres  contained  there- 
in, (assuming  six  hundred  and  forty  for  the  contents  of  the 
section;)  wliich  map  and  valuation  shall  be  filed  with  the 
commissioner  appointed  for  selling  the  land,  who  shall  re- 
cord the  same  in  a  book  to  be  kept  by  him  for  that  pur- 
pose: Provided^  That  no  tract  shall  be  valued  at  a  less 
price  than  one  dollar  and  twenty-five  cents  per  acre. 

Sec.  5.  When  any  commissioner,  appointed  and  qualifi- 
ed by  law,  shall  receive  the  petition  of  three-fourths  of  the 
legal,  voters  of  any  township,  as  provided  for,  and  the  map 
and  valuation  of  the  trustees,  as  required  in  the  preceding 
section,  he  shall  proceed  in  the  same  manner  as  required  in 
the  act  to  which  this  is  an  amendment,  except  that  the  same 
shall  be  offered  in  tracts  as  designated  on  the  map  filed  by 
the  trustees;  and  no  tract  shall  be  sold  unless  the  bid  shall 
amount  to  the  valuation  thereof,  as  certified  by  the  trus- 
tees; and  in  case  that  sum  is  not  bid,  it  shall  be  noted  down 
as  not  sold,  and  may  be  purchased  thereafter  by  any  per- 
son at  the  aforesaid  valuation,  and  the  purchaser,  whether 
being  the  highest  bidder  or  otherwise,  shall  pay  for  the 
same  in  cash,  at  the  time  of  making  the  purchase,  and  the 
commissioner  shall  proceed  as  now  required  by  law. 

Sec.  6.  In  all  cases  where  the  inhabitants  of  any  town- 
ship petition  the  commissioner  to  sell  their  school  lands, 
and  there  should  be  any  legal  holders  of  leases  on  any  part 
of  said  land,  that  part  shall  remain  unsold,  unless  the  trus- 
tees can  make  a  contract  with  such  lessee  to  relinquish  his 
lease,  not  paying  to  exceed  one  half  the  interest  that  would 
accrue  from  the  amount  that  would  be  obtained  from  the 
sale  of  such  land;  and  in  all  cases  where  any  tract  of  land 
shall  be  advertised  for  sale  by  any  commissioner,  whereon 
there  is  a  lease  or  any  other  incumbrance,  it  shall  be  the 
duty  of  the  claimant,  previous  to  the  day  of  sale,  to  deliver 
to  the  commissioner  a  statement  of  his  claim,  with  a  copy 
of  the  vouchers  that  entitle  him  to  it;  and  if  they  are  such 
as  to  give  him  any  legal  claim  whatever,  said  commissioner 
shall  give  notice  thereof  to  the  trustees,  and  if  the  claim  is 
not  removed  previous  to  the  day  of  sale,  the  same  shall  not 
be  offered  at  that  time. 

Sec.  7.  The  county  commissioners'  courts  of  the  several 
counties  in  this  State,  shall  be  authorized  to  establish  a  rate 
of  interest  at  which  school  funds  shall  be  loaned,  and  to 
make  such  rules  and  regulations  for  the  safety  and  useful- 
ness of  the  same  in  their  counties,  as  are  necessary  to  cause 
a  judicious  and  equitable  distribution  of  the  interest  arising 
from  the  same;  and  the  commissioner,  at  each  regular  term 
of  said  court,  shall  be  required  when  making  return  as  now 
required  by  law,  also  to  make  return  of  his  other  transac- 
tions, specifying  the  bonds,  notes,  and  all  other  obligations 


15 

for  money,  or  interest  on  money,  or  other  property,  that  he 
may  have  received;  also,  a  statement  of  all  moneys  recei- 
ved, and  the  person  or  persons  by  whom  the  same  was  paid, 
and  whether  for  interest,  or  principal,  or  purchase  money  ; 
also  of  all  moneys  paid  or  loaned  out,  and  to  whom  the 
same  was  paid  or  loaned,  and  the  rate  of  interest  payable 
on  each  one  ;  and  he  sliall  present  to  said  court,  annually,  a 
statement  of  all  interest  paid  to  him,  (keeping  the  accounts  Annual  statc- 
and  funds  of  each  township  separate  at  all  times)  and  a  sum-  mem. 
mary  statement  of  the  manner  proposed  for  the  distribution  , 

thereof,  and  if  approved  by  the  court,  they  shall  order  the 
same  to  be  paid  to  the  treasurer  of  the  several  townships  to 
which  the  same  belongs. 

Sec.  8.  Whenever  any  commissioner  appointed  to  sell  Commissioner 
school  lands  shall  resign,  refuse  to  act,  or  be  succeeded  by  ^'^/^^Jlfl'^^^°^' 
the  appointment  of  another  person,  he  shall  immediately  de-  \l  gfv"^i,p  pa,' 
liver  over  to  the  clerk  of  the  county  commissioners'  court  pcrs. 
of  the  county,  all  books,  notes,  bonds,  and  other  papers,  ap- 
pertaining to  said  office,  and  said  clerk  shall  give  him  a  re- 
ceipt for  them  ;  and  upon  failure  to  perform  the  same,when 
required  so   to  do,  by  a  notice  from  the  commissioners' 
court,  and  served  by  the  sheriff,  he  shall  be  liable  to  indict- 
ment, and  upon  conviction  shall  forfeit  and  pay  a  fine,  not 
exceeding  five  hundred  dollai's,  for  the  use  of  the  county 
where  such  conviction  is  had,  and  be  liable  for  all  other  pe- 
nalties and  forfeitures  incurred  by  any  other  neglect  of  his 
duty  ;  and  the  clerk  receiving  such  books  and  papers  shall, 
as  soon  as  the  successor  of  said  commissioner  is  qualified, 
deliver  to  him  the  books,  and  all  other  papers,  and  take  his 
receipt  for  the  same  ;  and  in  case  of  the  death  of  any  per- 
son holding  the  office  of  commissioner,  his  executors  or  ad-  Executoi-s  or 
ministratQrs  shall  be  required  to  make  the  delivery  of  the  of  llec'.^'s^d'''^ 
books  and  papers  as  aforesaid,  under  the  penalties  above  commissioner 
provided.     Approved,  Jan.  22,  1829.     Approved,  Feb.  15,  tog'^e  "P  P^- 
1831.     In  force  from  its  passage,  ^  '  ' 


AN  ACT   to  provide  for  the  application  of  the  Interest  ofAct  of  March 
the  Fund  arising  from  the  sale  of  the  School  Lands  belong-  ^i  ^^'^•^• 
ing  to  the  several  Townships  in  this  State. 

Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois,  l^"'y  of  school 
represented  in  the   General  Assembly,    That  every  school  j^  relation  to 
commissioner  who  shall,  on  the  second  Monday  of  Novem-  the  interest  de- 
bar next,  have  in  his  possession  any  amount  of  the  interest  "^'^^  from  the 
derived  from  the  proceeds  of  the  sales  of  the  school  lands,  {^^L. 
of  any   township  within  his  county,  if  such  interest  shall 
not  be  wanted  to  pay  the  expenses  incident  to  the  survey 


16 


Teachers  when 
entitled  to  their 
portion  of  saifl 
interest. 

Jtlinployeis  of 
teachers  when 
to  meet. 


Notice. 


Shall  appoint 
trustees. 

Duties  of  said 
trustees. 


and  sale  of  the  school  lands  of  such  township,  and  the  ma- 
nagement of  the  funds  arising  therefrom,  shall,  on  that  day, 
or  within  one  week  thereafter,  proceed  to  apportion  the 
same  among  the  teachers,  who,  by  the  provisions  of  this 
act,  shall  be  entitled  to  the  same. 

Sec.  2.  No  teacher  shall  be  entitled  to  receive  any  por- 
tion of  said  interest,  unless  his  school  shall  be  conducted, 
and  his  returns  made  in  conformity  to  the  provisions  of  this 
act. 

Sec.  3.  On  the  first  Saturday  in  May  next,  or  if  the 
school  shall  commence  after  that  time,  then  at  some  time 
within  one  month  after  the  commencement  of  the  school,  a 
meeting  of  the  employers  of  the  teachers  shall  be  held,  of 
which  meeting  the  teachers  shall  give  three  days  previous 
notice  to  each  of  his  employers,  who  are  not  absent  from 
the  neighborhood,  at  which  meeting  such  employers  shall 
proceed  to  appoint  three  persons  as  trustees  of  said  school  : 
said  trustees  shall  be  authorized,  and  it  shall  be  their  duty 
to  visit  the  school  from  time  to  time,  and  to  require  the  ad- 
mission into  the  school,  and  the  gratuitous  tuition  of  such 
children  residing  in  the  vicinity  of  the  school  as  shall  be 
presented  to  said  trustees  for  that  purpose,  if  such  trustees 
shall  believe  that  the  parents  or  guardians  of  such  children 
are  unable  to  pay  for  their  tuition.  It  shall  also  be  the  du- 
ty of  said  trustees  to  receive  and  apply  to  the  use  of  the 
school,  any  donation  of  money,  books,  maps,  globes,  sta- 
tionery, or  other  articles  necessary  or  useful  for  schools. 

The  term  of  service  of  such  trustees  shall  expire  on  the 
second  Monday  of  November  annually,  when  a  new  ap- 
pointment shall  be  made  in  the  manner  provided  in  this 
section  ;  and  all  vacancies  in  said  office  shall  be  filled  in 
the  same  manner. 

[So  much  of  this  seation  as  provides  for  gratuitous  in- 
struction, is  repealed.] 

Sec.  4.  The  teacher  shall  make  a  schedule  of  the  names 
make  a  sched-  of  all  scholars  attending  his  school,  who  reside  within  the 
uie  of  the  township  to  which  the  school  fund  belongs,  from  the  inter- 
sc^h^fars  '^'^  ^^^  ^^  which  he  wishes  to  obtain  a  part  of  his  compensa- 
tion ;  and  on  every  day  on  which  a  school  shall  be  kept  by 
him,  he  shall  set  dov.^n  under  the  proper  date,  and  opposite 
the  name  of  each  scholar,  the  attendance  or  absence  of  such 
scholar.  Immediately  after  the  close  of  the  month  of  Oc- 
tober, or  sooner,  if  his  school  shall  have  come  to  a  close, 
said  teacher  shall  add  together  the  number  of  days  which 
each  scholar  residing  in  the  proper  township  shall  have  at- 
tended his  school,  and  set  down  the  total  number  of  days 
opposite  the  name  of  such  scholar  ;  he  shall  then  add  toge- 
ther their  several  amounts,  and  set  down  the  total  number 


Term  of  ser- 
vice. 


Teacher    shall 


17 

at  the  bottom  of  the  schedule;  and  this  total  number,  after 
the  schedule  shall  have  been  examined,  and  if  necessary, 
corrected  by  the  school  commissioner,  shall  be  the  crite- 
rion by  which  he  shall  be  governed  in  making  the  appor- 
tio«mient  aforesaid;  but  no  such  schedule  shall  be  taken 
into  consideration,  unless  it  shall  be  accompanied  by  a  cer- 
tificate from  a  majority  of  the  trustees  of  the  school,  or 
from  five  of  the  employers  of  said  teacher,  setting  forth 
that  they  verily  believe  said  schedule  to  be  correct,  and 
that  said  teacher  has,  to  the  best  of  their  knowledge  and 
belief,  given  gratuitous  instruction  in  his  said  school,  to  all 
such  orphans  and  children  of  indigent  parents  residing  in 
the  vicinity,  as  had  been  presented  for  that  purpose  by 
the  trustees  of  said  school.  If  any  school  shall  contain 
scholars  residing  in  two  or  more  different  townships,  each 
possessing  a  productive  school  fund  derived  from  their 
school  lands,  the  teacher  of  the  school  in  order  to  become 
entitled  to  a  share  of  the  interest  of  each  of  said  township 
school  funds,  shall  make  separate  schedules  of  the  names 
of  his  scholars  residing  in  each  of  said  townships,  and 
make  return  thereof  to  the  school  commissioner  of  the 
county  in  which  such  township,  or  the  larger  part  thereof, 
shall  be  situated.  In  making  the  apportionment  authori- 
zed by  the  foregoing  part  of  this  act,  no  services  of  any 
teacher  shall  be  taken  into  consideration,  except  such  as 
shall  have  been  rendered  between  the  last  day  of  April  and 
the  first  day  of  November  of  the  present  year. 

[That  part  of  this  section  relating  to  gratuitous  instruc- 
tion, is  repealed.] 

Sec.  5.  On  the  second  Monday  of  November,  in  the  year  Commissioner 
one  thousand  eight  hundred  and  thirty-four,  or  within  one  ta apportion  the 
week  thereafter,  and  at  the  same  time  in  each  succeeding  g"hooj''f°^jl° 
year,  each  school  commissioner  shall  proceed  to  apportion  his  county 
the  interest  derived  from  each  township  school  fund  in  his  among  the  sev- 
county,  among  the  several  teachers  entitled  to  the  same,  entitied^hei'e- 
In  all  cases  where  such  interest  is  not  required  to  pay  the  to. 
expenses  incident  to  the  survey  and  sale  of  the  school  lands, 
and  the  management  of  the  fund,  such  apportionment  of 
interest  shall  be  made  among  the  several  teachers  entitled 
to  it,  according  to  the  number  of  their  scholars  residing  in 
the  township  possessed  of  such  school  fund,  and  the  num- 
bei'  of  days  each  of  said  scholars  shall  have  been  instruct- 
ed by  such  teacher,  within  the  twelve  months  immediately 
preceding  the  month  in  which  such  apportionment  is  here- 
Dy  required  to  be  made,  to  be  ascertained  in  the  mode 
pointed  out  in  the  fourth  section  of  this  act. 

Sfx.  6.   As  soon  as  the  apportionment  of  moneys  provi-  Shall  pay  the 
ded  for  by  this  act  shall  have  been  made,  the  school  com-  [eacher's.*^''^ 
missioner  shall  pay  to  each  of  the  teachers,  on  his  dcmand- 

9 


18 

jn<'  the  same,  the  share  to  which  he  shall  be  found  entitled, 
taking  his  receipt  for  the  same,  and  charge  the  same  to  the 
school  fund  of  the  proper  township. 

Compensation.      Sec.  7.  As  a  compensation  for  apportioning  and  paying 
out  money  as  directed  by  this  act,  the  school  commissioner 
shall  be  entitled  to  retain  two  and  a  half  per  centum  on  all 
sums  thus  apportioned  by  him. 
Trustees  shall       Skc.  8.  The  trustees,  employers,  who  shall  certify  to  the 
cerUfy  the        correctness  of  the  schedule  of  the  teaciier,  shall  also  certi- 
thTteacheT      fy  ^'^*^  whole  amount  due  to  such  teacher,  and  the  commis- 
sioner, if  that  amount  be  due  and  coming  to  his  share,  shall 
pay  the  same;  and  the  employers,  should  there  be  a  balance 
due  said  teacher,  shall  pay  the  same  in  such  manner  as 
they  shall  agree. 
Ailmoneyin        Sec.  9.  All  moneys  now  ill  the  hands  of  trustees  of  school 
the  hands  of     lands,  in  any  township,  or  in  the  hands  of  other  individuals, 
errshaiibepahi  bouud  out,  or  Otherwise,  shall  be  paid  over  to  the  commis- 
overtothecoin-  sioner  appointed  by  the  county  commissioners'  court  to  sell 
raissioner.         school  lands,  and  it  is  hereby  made  his  duty  to  call  them 
to  account  for  all  moneys,  and  on  failure,  to  sell  and  col- 
lect the  same  of  the  said  trustees,  or  others,  so  that  all  the 
funds  which  have  accrued,  and  which  have  not  been  law- 
fully and  fairly  expended,  belonging  to  each  and  every 
township,  and  all  rents  or  moneys  which,  from  year  to 
year,  or  time  to  time,  shall  hereafter  arise,  over  and  above 
the  allow'ances  for  services  to  trustees,  and  incidental  ex- 
penses, shall  be  promptly  paid  over  to  said '  commissioner, 
who  shall  give'  them  proper  vouchers  or  receipts  for  the 
same;  and  all  notes,  mortgages,  and  claims  assigned  over, 
shall  be  by  him,  in  his  name,  for  the  use  of  the  inhabitants 
of  the  township,  sued  for  and  collected.     Any  trustee,  or 
other  township  officer,  who  shall  have  money  in  his  posses- 
sion belonging  to  the  township,  and  shall  not,  on  demand, 
pay  the  same  over,  shall,  I'rom  that  time  on  until  the  same 
shall  be  collected,  pay  an  interest  thereon,  at  the  rate  of 
twelve  per  cent,  per  annum. 

Law  requiring       Sec.  1 1.  So  much  of  the  law  now  in  force  as  requires  that 

*^^  ^^Vlf  *°h^^  s6hool  lands  shall  be  by  the  trustees  valued  and  appraised, 

trustees  re-  ^    ^^^  ^hat  the  school  lands  shall  be  soldduring  the  setting  of  the 

pealed.  circuit  court  of  the  county,  or  when  the  court  should  be  in 

session,  be,  and  the  same  is  hereby  repealed;  and  the  lands 

shall  be  advertised  for  the  length  of  time  now  required,  and 

shall  be  sold  at  the  court  house,  or  place  of  holding  courts, 

for  the  highest  and  best  price  that  can  be  had,  without  any 

regard  to  valuation:     Provided,  That  the  sarrre  shall  bring 

one  dollar  and  twenty-five  cents  per  acre;  if  the  same  w^ili 

not  bring  that  sum,  there  shall  be  no  sale. 

[So  much  of  this  section  as  repeals  the  law  requiring  a 


19 

valuation  of  school  lands,  is  repealed,  and  the  valuation  law 
is  revived.] 

Sec.  12.  The  eleventh  section  of  the  act,  approved,  Fe- Acu  repealed, 
bruary  17,1827,  entitled  "An  act  relating  to   the  school 
lands,"  and  all  other  acts  and  parts  of  acts  coming  within 
the  purview  of  this  act,  are  hereby  repealed. 

This  act  shall  be  in  force  from  and  after  the  last  day  of 
April  next. 

Approved,  March  1,  1833. 


AN  ACT  authorizing  a  Credit  on  Sales  of  School  Lands.  Actof  Jan.  12, 

*^  1833. 

Sec.  1.  Be  it  enacted  by  the  peojjle  of  the  State  of  Illinois,  School  lands 
represented  in  the  General  Assemhhu  That  whenever  the  in-  "^^^  ^e  sold  on 

,    ',  .  ~  ,  .  .   .       .  •^'  ,.         ,  1        r    •  I    ^  credit, 

habitants  oi  a  township,  petitionmg  tor  the  sale  or  sixteenth 
section,  shall  be  of  opinion  that  their  interest  would  be  pro- 
moted by  selling  said  section  on  a  credit,  they  may  repre- 
sent the  same  in  their  petition;  whereupon,  it  shall  be  the 
duty  of  the  commissioner  to  sell  said  lands  on  a  credit  of 
one,  two,  and  three  years,  the  purchaser  giving  a  mortgage  Purchaser  shall 
on  the  land,  and  good  personal  security  for  the  payment  of  S'^^  mortgage 
the  purchase  money,  to  be  approved  by  the  county  com-  secudtyr"^ 
missioners'  courts  respectively. 

This  act  to  take  effect  and  be  in  force  from  and  after  the 
1st  of  June,  1833. 

Approved,  Jan.  12,  1833. 


AN  ACT  conjirming  certain  leases  of  School  Lands.       Act  of  Fob.  22, 

1833. 

Be  it  enacted  by  the  people  of  the  State  of  Illinois,  repre-  Leases  con- 
sented  in  the  General  Assembly,  That  all  leases  of  sections,  ^^™^'^- 
or  parts  of  sections,  numbered  sixteen,  in  the  several  town- 
ships of  this  State,  and  set  apart  for  school  purposes,  exe- 
cuted under  the  "Act  relating  to  school  lands,"  approved 
February  17,  1827,  prior  to  the  first  day  of  July,  1831, 
shall  be,  and  they  are  hereby  confirmed  to  the  lessees  there- 
in, and  shall  be  deemed  and  taken  as  conferring  and  grant- 
ing to  them  all  the  rights  and  privileges  stipulated  in  said 
leases,  in  conformity  with  the  said  act,  any  other  law  or 
parts  of  laws  to  the  contrary  notwithstanding. 

Approved,  Feb.  22.  1833. 


20 

In  force  Feb.        ^jV  ACT  providing  for  the  security  of  School  Funds. 
12,  1 83 J. 

Form  of  mort-      Sec.  1.  Be  it  enacted  hy  the  people  of  the  State  of  Illinois^ 
gnge.  represented  in  the  General  Assembly^  That  mortgages  to  be 

taken  by  school  commissioners  and  agents  for  the  inhabi- 
tants of  counties,  may  be  in  the  following  form:  I,  A.  B., 
of  the  county  of  ,  and  State  of  ,  do  assign  over 

and  transfer  to  E.  F.,  school  commissioner  and  agent  for 
the  inhabitants  of  the  county  of  ,  for  the  use  of  thje 

inhabitants  of  township  ,  range  ,  (or  of  the 

county,)  the  following  described  real  estate,  (liere  describe 
the  estate;)  which  real  estate  I  declare  to  be  in  mortgage 
for  the  payment  of  dollars,  this  day  loaned  to  me  by 

the  said  school  commissioner,  with  per  cent,  interest 

per  annum  thereon  until  paid;  and  I  hereby  covenant,  that 
the  title  to  said  real  estate  is  free  from  all  encumbrance, 
that  I  will  pay  all  taxes  and  assessments  which  may  be  le- 
vied upon  said  estate;  and  I  further  agree  that  if  I  do  not 
pay  the  interest  on  said  sum  annually,  and  the  principal 
when  due,  that  the  said  real  estate  may  be  sold  by  the  said 
commissioner  in  conformity  with  the  laws  of  the  State,  and 
that  I  will  deliver  immediate  possession  to  the  purchaser. 
Witness  my  hand  and  seal  this  day  of  ,18         ; 

which  mortgage  shall  be  accompanied  with  a  note  for  the 
amount  loaned,  and  shall  be  valid  to  all  intents  and  purposes. 
Failure  to  pay      Sec.  2.  If  any  person  shall  make  default  in  the  payment 
interest.  of  interest  as  it  becomes  due  and  payable,  such  interest 

shall  thereafter  be  considered  principal,  and  interest  at  the 
rate  of  twenty  per  centum  per  annum  shall  be  chargea- 
ble and  recoverable  thereon;    and  if  any  person  shall  fail 
Failure  to  pay  to  pay  the  principal  sum  borrowed  at  the  time  the  same 
piincjpa .         becomes  due  and  payable,  such  person  shall  be  chargeable 
with  interest  on  such  principal  sum  at  the  rate  of  twenty 
per  centum  per    annum  until  paid;    and  the  school  com- 
missioners of  counties  shall  be  authorized  to  recover  the 
penalties  aforesaid  in  an  action  or  suit  on  the  note  or  mort- 
gage given  for  t.he  payment  thereof. 
Where  addi-        Sec.  3.    In  all  cases  where  the  school  commissioner  of 
i5°'e^ulred'^and  ^^^  county  shall  require  additional  security  from  any  per- 
not  given.        son  for  the  payment  of  money  loaned,  and  such  security 
shall  not  be  given,  the  commissioner  may  sue  for  and  re- 
cover the  amount  loaned  such  person,  upon  making  proof 
of  such  requisition,  together  with  the  interest  which  may 
have  accrued  at  the  time  of  obtaining  judgment. 
Khooi  fund^by      ^^^'  ^*  ^"^  ^^^  payment  of  debts  by  executors  or  admin- 
executorc,  ..hall  istrators,  debts  due  to  the  school  fund  of  the  State,  or  any 
have  preference  county  or  township,  shall  have  a  preference  over  all  other 
funeral  expen-  ^.^bts,  except  funeral  and  other  expenses  attending  the  last 
8«s  excepted,     sickness,  not  including  the  physician's  bill. 


21 

Sec.  5.  The  county  commissioners'  courts  of  the  several  School  com- 
counties  shall  require  of  the  school  commissioner  and  agent  "I'^s'^'"^''*  shall 

i-         I       ■    I      I  •  c  I  •  1^       .  S'^'^  bond  ali- 

tor the  inhabitants  oi  such  counties  to  execute  a  new  bond  niaiiy. 

at  the  next  June  term  of  their  respective  courts,  and  to 
execute  a  new  bond  annually  thereafter;  and  if  any  com- 
missioner as  aforesaid  shall  fail  to  execute  such  new  bond, 
the  court  shall  thereupon  remove  such  commissioner  from 
office,  and  appoint  a  successor:  Provided^  That  the  court  proviso, 
may  allow  further  time  to  such  commissioner  to  execute 
such  bond,  if  in  the  opinion  of  the  court,  such  further  time 
may  be  allowed  without  injury  to  the  school  funds  in  the 
hands  of  such  commissioner. 

Sec.  6.  All  record  books  required  to  be  kept  by  school  Record  books 
commissioners,  shall  be  paid  for  out  of  the  county  treasu- ^°^^  l^^'^  ^°^- 
ries  of  the  counties  in  which  such  books  shall  be  used. 

Sec.  7.  That  the  county  commissioners'  courts  of  the  County  com- 
several  counties  in  this  State,  shall  be  authorized  when  "^'ssjO'iers  may 

,  ,  .  ,.  '  •  r      1     •  1        1  i'e<i u I i-e  school 

they  may  deem  it  expedient,  to  require  oi   their  school  commissioner 
commissioner  additional  security  for  the  money  he  may  'p  g'^e  addi- 
have  received  from  the  sales  of  school  lands;  and  on  any  ^'°"^'  secunty. 
school  commissioner  refusing  or  failing  to  enter  into  addi-  Failure  to  do 
tional  security  that  may  be  satisfactory  to  such  court,  his  ^' 
office  shall  be  treated  as  vacant,  and  filled  accordingly;  and 
for  good  cause  to  be  entered  on  the  record  of  the  county 
commissioners'  court,  the  commissioners  of  such  county 
may  remove  the  school  commissioner  from  office. 

Sec.  8.    The  inhabitants  of  any  township  in  this  State  Inhabitants  of 
that  may  have  kept  a  schedule  for  the  year  1834,  accord- J°''''"*'''P5  ^^° 

,L  •    ■  *  r  .  •  J-  X'       xL  !•         have  not  retur- 

mg  to  the  provisions  oi  an  act  providing  lor  the  applica-  j,ed  schedules 
tion  of  the  interest  of  the  money  arising  from  the  sales  of  authorized  to 
school  lands,  and  who  have  not  made  return  thereof  to  ^°  ^°- 
the  school  commissioner  according  to  law,  shall  be  author- 
ized to  make  out  their  schedule,  and  return  the  same  to  the 
school  commissioner  of  such  county,  and  such  school  com- 
missioner shall  be  authorized  to  pay  over  such  interest  as 
may  be  due  such  township  for  the  year  1834,  as  though  the 
schedule  had  been  returned  according  to  law. 

This  act  to  be  in  force  from  and  after  its  passage. 

Approved,  Feb.  12,  1835. 


AN  ACT  to  amend  an  act^  entitled  ''''An  act  to  provide  for  j^  fo^ce  Feb. 
the  application  of  the  Interest  of  the  fund  arising  from  7, 18.Ji. 
the  Sale  of  the  School  Lands  belonging  to  the  sevei'al  town- 
ships in  this  State.     Approved,  March  1,  1833." 

Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois,  Parts  of  said 
represented  in  the  General  Assembly,  That  the  tenth  section  actiejeajod 


22 

of  the  act  to  which  this  is  an  amendment,  and  so  much  of 
said  act  as  provides  for  gratuitous  instruction,  be,  and  the 
same  are  hereby  repealed. 
Act  repealed.        Sf.c.  2.  That  the  eleventh  section  of  the  said  act,  so  far 
as  it  dispenses  with  a  valuation  of  the  sixteenth  sections  in 
the  several  townships,  is  hereby  repealed,  and  the  law  re- 
quiring a  valuation  by  trustees,  is  hereby  revived. 
Trustees  may       Sec.  3.    That  the  trustees  of  school  lands,  or  a  majority 
lease  school      of  them,  shall  have  power  to  lease  any  of  said  lands  from 
lands.  yg^^.  tQ  year,  upon  terms  most  conducive  to  the  interest  of 

the  township. 
Shall  pay  over      Sec.  4.    The  trustees  shall  pay  over  to  the  school  corn- 
rent  to  school   missioner  all  rents  which  they  collect  on  leases  as  afore- 

commissioner.    ^^j^^ 

In  case  of  les-  Sec.  5.  If  any  lessee  or  lessees,  his,  her,  or  their  heirs,  or 
see  committing  assigns,  or  any  other  person  or  persons,  shall  cut  down  or 

WElStC  Oil  StlJCi         -I.  i.'i.i  1 

lands.  destroy  any  more  wood  or  timber  than  may  be  necessary 

for  the  improvement  and  cultivation  of  the  lot  so  leased,  or 
shall  do  any  damage  to  the  said  leased  premises,  or  commit 
any  waste  thereon,  every  such  lessee  or  lessees,  or  other 
persons,  shall  be  liable  to  said  trustees  in  an  action  for  da- 
mages, commenced  in  the  name  of  said  trustees,  and  the 
said  lessees  shall,  moreover,  upon  conviction  thereof,  for- 
feit such  lease. 
Failing  to  pay  Sec.  6.  In  all  cases  of  a  failure  or  refusal  to  pay  the  rent 
'*"'•  due  and  owing  on  any  land  leased  under  the  provisions  of 

this  act,  whenever  the  same  shall  become  due,  it  shall  and 
may  be  lawful  for  the  trustees,  in  their  respective  town- 
ships, to  sue  out  a  distress  warrant,  which  shall  be  return- 
ed to  the  justice  issuing  the  same,  and  the  same  proceed- 
ings shall  be  had  thereon  as  in  other  cases  of  distress  for 
rent. 
Inhabitants  of  Sec.  7.  Any  number  of  inhabitants  of  any  township,  may 
townships  may  associate  themselves  together  and  purchase  a  quantity  of 

associate  them- 1        i.  j-,  i  '  "^       r 

selves  to-nther  '^^^  ^'^^  exceedmg  ten  acres,  and  procure  a  conveyance  of 
for  school  pur-  the  Same,  to  be  made  to  the  trustees  of  school  lands  in  the 
poses.  township,  by  their  corporate  name,  and  erect  thereon  a 

school  house,  and  make  such  other  buildings  and  improve- 
ments thereon  as  they  may  deem  necessary  for  the  encour- 
agement of  learning  and  science  generally;  and  such  land 
and  improvements  shall  be  held  by  the  said  corporation  for 
the  use  of  the  persons  associating  themselves  together  as 
aforesaid,  and  their  successors  and  assigns  forever;  and 
shall  not  be  applied  to  any  other  purpose,  nor  in  any  other 
manner  than  shall  or  may  be  directed  by  the  persons  asso- 
ciated as  aforesaid. 

Approved,  Feb.  7,  1835. 


23 

AN  ACT  to  provide  for  the  distribution  and  application  o/^"[°'„'^f'  ^*''- 
the  Interest  on  the  School,  College,  and  Scminarij  funds.       ' 

Sec.  1.  Be  it  enacted  bij  the  people  of  the  State  of  Illinois,  School  com- 
represented  in  the  General  Assembly,  That  the  commission-  "'0^';'^^^^^-'" 
ers  of  the  school  fund  are  hereby  required  to  provide  a  well  count  books, 
bound  book,  in  which  they  shall  keep  the  accounts  of  the 
school,  college,  and  seminary  funds;  the  accounts  shall  be 
kept  separately  in  the  manner  following:    The  commission-  Accounts  how 
ers  shall  charge  themselves  with  the  amount  of  each  sum  kept, 
received,  on   the  date  of  receiving  the  same,  and  credit 
themselves  with  each  sum  paid  and  loaned  out,  showing  the 
date  of  each  payment  or  loan;  they  shall  charge  the  State 
with  the  State  paper  and  Auditor's  Warrants  purchased, 
showing  the  date  and  amount  of  each  purchase,  and  shall 
charge  interest  on  the  said  State  paper  and  Auditor's  War- 
rants at  the  rate  of  two  per  cent,  per  annum  from  the  date 
of  purchase   to  the   fifteenth  of  February,  one   thousani 
eight  hundred  and  thirty-one,  and  on  that  day  add  the  in- 
terest to  the  principal,  and  then  charge  interest  on  the  sum 
produced  by  such  addition  at  the  rate  of  six  per  cent,  per 
annum  for  one  year;  and  at  the  end  of  every  year  thereaf- 
ter, the  interest  shall  be  added  to  the  principal,  and  bear 
interest  at  the  rate  aforesaid  the  succeeding  year;    they      , 
shall  in  like  manner  charge  the  State  with  each  sum  loan- 
ed, showing  the  date  and  amount  of  each  loan,  and  charge 
interest  on  such  loan  or  loans,  at  the  rate  of  six  per  cent. 
per  annum  for  one  year,  and  at  the  end  of  every  year  the 
interest  shall  be  added  to  the  principal,  and  bear  interest 
at  the  rate  aforesaid.     The  accounts  shall  be  continued  in 
manner  aforesaid  to  the  last  day  of  December,  in  the  year 
one  thousand  eight  hundred  and  thirty-three,  and  on  that 
day  the  interest  shall  be  added  to  the  principal  of  each  sum, 
and  the  sums  produced  by  such  addition,  are  hereby  decla- 
red to  be  principal;    and  the   interest  shall  thereafter  be 
charged  upon  the  said  principal  in  manner  aforesaid,  until 
the  State  shall  refund  the  same;  and  no  part  of  said  princi- 
pal shall  be  paid  out  as  interest,  nor  unless  expressly  au- 
thorized by  law,  nor  shall  any  law  providing  for  the  appro- 
Driation  of  interest  on  either  of  said  funds,  be  so  constru- 
ed as  to  apply  to  interest  accruing  previous  to  the  said  last 
day  of  Depember,  one  thousand  eight  hundred  and  thirty- 
three. 

Sec.  2.  The  commissioners  of  the  school  fund  of  the  State  Interest  on  coi- 
shall  annually  loan  to  the  school  fund  the  interest  of  the  i^«se  ^j|<^/;»"^; 
college  and  seminary  funds,  to  be  added  to  the  interest  of  joaned  to  tho 
the  school  and  township  funds,  for  distribution  among  the  school  fund  an- 
several  schools  in  the  State  established  under  this  law.         ""^"y- 

Sec.  3.  The  commissioners  of  the  school  fund  of  the  State  Said  intoiert  w 


24 

be  annually  gj-e  hereby  required  to  distribute  and  pay  out  the  interest 
UiH'i'.'erai  *°  which  may  have  accrued  on  the  said  school,  college,  and 
counties.  seminary  funds,  on  the  first  Monday  of  January,  in  the  year 

one  thousand  eight  hundred  and  thirty-six,  and  on  the  first 
Monday  in  January  annually  thereafter,  for  the  encourage- 
ment of  learning,  in   the   manner  and  upon  the  terms  and 
conditions  hereinafter  provided. 
And  in  propor-      Sec.  4.    The  commissioners  of  the  school  fund  shall  as- 
i^'°" '?.'''^  ""."""  certain  from  the  returns  of  the  census  to  be  taken  in  the 
tantsineach     ycar  one  thousand  eight  hundred  and  thirty-five,  the  num- 
under  20  years  ber  of  white  persons  in  each  county  under  twenty  years  of 
oi  age.  agg^  gjj(j  f^lso  the  amount  of  interest  due  the  several  funds 

aforesaid  on  the  first  day  of  January,  1836,  and  apportion 
the  interest  among  the  several  counties  in  proportion  to 
the  number  of  persons  under  the  age  aforesaid,  and  certify 
the  amount  due  to  each  county,  to  the  Auditor,  whose  duty 
it  shall  be  to  issue  a  Warrant  on  the  Treasurer  in  favor  of 
each  school  commissioner  for  the  amount  due  to  his  coun- 
ty, and  the  interest  shall  be  apportioned  annually  thereaf- 
ter, and  distributed  as  aforesaid,  until  the  next  census  shall 
have  been  taken,  and  on  the  first  day  of  January  in  every 
year  next  after  the  taking  of  the  census  of  the  State,  the 
said  commissioners  shall  make  a  new  apportionment  of  in- 
terest, and  cause  the  same  to  be  distributed  in  the  manner 
and  upon  the  terms  aforesaid. 

Sec.  5.  It  shall  be  the  duty  of  the  school  commissioners 
of  counties  to  receive  from  the  Treasurer  the  amount  of 
any  and  all  Warrants  which  may  be  drawn  in  manner  and 
To  be  paid  to  ^^^'  ^hc  purposes  aforesaid,  and  to  distribute  the  same  among 
the  teachers  of  the  teachers  of  schools,  who  may  have  kept  schools  in  con- 
schools,  formity  with  the  provisions  of  the  act,  entitled  "An  act  to 
provide  for  the  application  of  the  interest  of  the  fund  ari- 
sing from  the  sale  of  school  lands  belonging  to  the  several 
townships  in  this  State,"  approved  first  of  March,  1833: 
Proviso.          Provided,  That  no  teacher  shall  be  entitled  to  receive  more 
than  one  half  of  the  amount  due  him  for  services  rendered 
within  the  twelve  months  preceding  the  first  of  November 
previous  to  the  time  of  making  such  distribution;  and  if  the 
In  case  the  in-  interest  in  the  hands  of  a  school  commissioner  in  any  coun- 
terest  shall  a-  ty^  shall,  at  the  time  of  distribution,  amount  to  more  than 
than'enoiigfrto  ^'^*^"g'^  ^^  V'^Y  ^^^  half  of  the  amount  due  the  teachers  in 
pay  half  the  a-  his  county,  then  the  overplus  shall  be  set  apart  as  a  county 
mount  due        fund,  and  shall  never  thereafter  be  subject  to  distribution, 
<UwioM>d'of°^  ^^^^  ^^^^1  forever  remain  as  a  principal  fund,  to  be  denomi- 
nated "The  County  School  Fund,"  to  be  loaned  out  by  the 
school  commissioner  of  the  county  as  township  funds;  and 
the  interest  accruing  thereon,  shall  be  subject  to  distribu- 
tion for  the  support  of  schools  in  the  county,  in  the  same 
manner  and  under  the  like  regulations  as  is  or  may  be  pre- 


25 

scribed  for  the  distribution  of  the  interest  on  the  State  fund: 
Provided^  That  in  making  the  distribution  of  the  State  fund 
for  the  present  year,  no  teacher  shall  be  paid  for  any  ser- 
vice rendered  before  the  first  day  of  June  next. 

Sec.  6.    No  part  of  any  township  fund  shall  be  made  to  Township 
constitute  any  part  of  a  county  fund;  and  teachers  employ-  ^"°^^ '°  ^®  ^^' 
ed  in  townships  having  no  productive  fund,  who  keep  sche-  county  funds, 
dules  and  make  returns  as  is  required  in  townships  having 
productive  funds,  shall  be  entitled  to  a  distributive  share  of 
the  State  fund,  and  the  township  funds  shall  be  paid  to 
teachers  at  the  time  now  required  by  law. 

Approved,  Feb.  7,  1835. 


AN  ACT  concerning  the  School  Fund.  In  force  Feb. 

6, 1835. 

Sec.  1 .  Be  it  enacted  by  the  people  of  the  State  of  Illinois^  Commissioners 
represented  in  the   General  Assemhhu    That  the  commis-^fs^^f""'^^"- 

• "  c     ^  I        1  r       1     1.  J    "lu  \^        -u  •    tnonzed  to  le- 

sioners  of  the  school  fund,  be,  and  they  are  hereby  requi- ^ove  the  same 
red  to  receive  the  whole  amount  of  the  school  fund  be-  from  u.  States 
longing  to  this  State,  and  now  deposited  in  the  Branch  ■J^°^^^'|'-"S*^^^ 
Bank  of  the  United  States  at  St.  Louis,  and  deposite  the    ^®^'"''y- 
same  in  the  Treasury  of  the  State;    and  the  Treasurer  is 
hereby  required  to  receive  said  money  and  receipt  for  the 
same ;  and  the  said  money  when  so  received,  shall  be  ap-  How  applied. 
plied  to  the  payment  of  demands  against  the  Treasury,  in 
the  same  manner  as  money  derived  from  the  ordinary 
sources  of  revenue,  and  the  State  shall  be  chargeable  with  State  to  pay  in- 
the  interest  on  the  same,  at  the  rate  of  six  per  cent,  per  ^^^^^  ^^  g  p^^. 
annum,  the  interest  to  be  added  to  the  principal  annually:  cent. 
Provided^   That  if  any  law  shall  be  passed  at  the  present  proviso, 
session  of  the  Generaf  Assembly  to  distribute  the  interest 
or  principal  of  said  fund,  the  Treasurer  shall,  on  the  War-- 
rant  of  the  Auditor,  pay  over  to  the  said  school  commis- 
sioner the  amount  so  loaned  to  the  State,  out  of  any  mo- 
ney in  the  Treasury  not  otherwise  appropriated,  to  be  dis- 
tributed according  to  law. 

This  act  to  take  effect  from  its  passage. 

Approved,  Feb.  6,  1835. 
4 


APPENDIX. 


GENERAL  REMARKS. 

The  petition  required  to  be  presented  to  the  school  commissioner,  by 
the  inhabitants  of  townships,  requesting  a  sale  of  the  school  lands  there- 
in, may  be  in  the  following  form:  [See  section  5  of  the  act  of  the  22d 
January,  1829,  and  the  1st  section  of  the  act  of  13th  February,  1831.] 

State  of  Illinois,  County 

To  ,  School  Commissioner  and  Agent  for  the  in- 

habitants of  the  County  of 

The  subscribers,  being  white  male  inhabitants  over  the  age  of  twenty- 
one  years,  and  legal  voters  of  the  township  of  land  known  and  desig- 
nated on  the  plat  of  the  surveys  of  the  land  belonging  to  the  United 
States,  as  township  number  in  the  district  of  lands  offered  for 

sale  at  ,  lying  in  the  county  of  ,  being  de- 

sirous to  sell  and  dispose  of  section  numbered  sixteen  in  the  said  town- 
ship, granted  by  the  United  States  to  the  State  of  Illinois,  for  the  use 
of  the  inhabitants  of  the  township  for  the  use  of  schools;  do  hereby 
request  that  the  said  section  be  sold  according  to  the  laws  of  the  State 
of  Illinois,  authorizing  a  sale  thereof. 

In  testimony  whereof  we  hereto  severally  sign  our  names  this 
day  of  ,  eighteen  hundred  and  thirty- 

This  petition  must  be  signed  by  at  least  three-fourths  of  the  free 
white  male  inhabitants  over  twenty-one  years  of  age,  who  are  legal 
voters  of  the  township — the  inhabitants  must  sign  the  petition  public- 
ly, and  in  the  presence  of  at  least  two  good  citizens  of  the  township, 
and  those  two  citizens  are  required  to  make  oath,  that  the  individuals, 
whose  names  appear  on  the  petition,  signed  the  same  publicly  and  free- 
ly, after  the  true  intent  and  meaning  thereof  was  made  known  to  them. 

The  law  has  made  no  provision  to  enable  the  school  commissioner  to 
ascertain  the  number  of  inhabitants  in  the  townships,  nor  does  it  fur- 
nish any  rule  by  which  the  commissioner  is  to  be  governed  in  ascer- 
taining whether  or  not  the  requisite  number  have  signed  the  petition. 
In  order  to  comply  with  the  provisions  of  the  law  upon  this  point,  as 
near  as  may  be,  affidavits  will  be  required  of  the  witnesses  to  the  pe- 
titions, stating  their  knowledge  and  means  of  information,  as  to  the 
number  of  inhabitants  in  the  township,  and  their  belief  as  to  the  pro- 
portion of  those  inhabitants  who  have  signed  the  petition. 


27 

affidavit  of  witnesses  to  petition. 

State  of  Illinois,  County,  ss: 

A.  B.  and  C.  D.  being  severally  sworn,  state,  that  the  persons  whose 
names  appear  to  the  foregoing  petition,  are  each  while  male  inhabi- 
tants over  twenty-one  years  of  age,  and  legal  voters  of  township  num- 
ber ,  of  range  number  ,  in  the  county  of  ,  as 
they  verily  believe,  that  each  of  the  said  persons  signed  the  petition 
publicly  and  freely,  after  the  contents  thereof  were  made  known  and 
explained  to  them,  in  the  presence  of  the  deponents;  that  the  depo- 
nents are  citizens  and  legal  voters  of  the  township  aforesaid.  [Here 
insert  the  facts,  &c.  which  the  witnesses  can  swear  to,  as  to  the  num- 
ber of  white  male  inhabitants  and  legal  voters  of  the  township.] 

The  aforesaid  affidavit  subscribed  and  sworn  to  before  me,] 
this  day  of  ,18, 

/.  P. 


REMARKS  IN  RELATION  TO  THE  DUTIES  OF  TRUSTEES. 

The  trustees  of  the  school  lands  in  the  different  townships  will,  so 
soon  as  they  have  been  sworn  into  office,  furnish  the  school  commis- 
sioner with  the  certificate  of  their  appointment,  and  a  certificate  of 
their  having  been  sworn  into  office,  to  enable  him  to  make  a  record 
thereof. 

The  trustees  will  observe,  by  reading  the  act  of  1831,  that  the  du- 
ties required  of  them  are,  first  to  value  and  subdivide  the  school  lands 
of  their  township,  and  make  report  to  the  school  commissioner  for  the 
county,  upon  being  notified  by  him  that  the  inhabitants  of  the  town- 
ship desire  a  sale  of  the  school  lands  therein.  In  performing  this  du- 
ty, the  trustees  may  divide  the  sections  into  lots  of  half  quarter  sec- 
tions, by  lines  north  and  south,  or  they  may  subdivide  half  quarters 
into  smaller  quantities;  but  the  law  provides,  that  in  no  case  shall  a 
greater  quantity  than  eighty  acres  be  offered  for  sale  in  one  lot. 

An  actual  survey  of  the  section  is  not  necessary,  if  subdivisions  can 
be  made  without  that  expense. 

Whe«  the  trustees  have  subdivided  the  section  and  valued  the  lots, 
they  will  make  a  map  of  the  section,  with  the  several  tracts  marked 
and  numbered  thereon,  as  proposed  by  them  to  be  offered  for  sale, 
with  a  certified  statement  of  the  valuation  per  acre  of  each  particular 
tract,  and  the  number  of  acres  contained  therein,  assuming  six  hun-^ 
dred  and  forty  acres  for  the  contents  of  the  section,  which  map  and 
valuation  must  be  filed  with  the  commissioner  appointed  to  sell  the 
land.  The  law  provides  that  no  lot  shall  be  valued  at  less  than  one 
dollar  and  twenty-five  cents  per  acre. 

After  making  the  map  and  valuation  as  above  required,  the  trustees 
will  make  a  certificate  in  the  following  form: 
State  of  Illinois,  County: 

We,  A.  B.,  C.  D.,  and  E.  F.,  trustees  of  the  school  lands  lying  in  the 
congressional  township,  known  and  designated  as  township  number 
,  range  number  ,  within  the  county  of  ,  be- 

ing informed  that  the  inhabitants  of  the  said  township  are  desirous  to 


28 

sell  the  school  lands  therein,  have  proceeded  to  subdivide  the  same  in- 
to tracts  or  lots,  and  to  value  the  same  according  to  the  true  value 
thereof.  The  map  hereto  annexed  is  a  correct  map  of  all  the  school 
lands  within  the  township;  also,  of  the  several  tracts  or  lots,  into  which 
the  school  lands  have  been  subdivided,  and  we  propose  that  the  said 
lands  be  sold  in  lots,  as  marked  and  numbered  on  the  map. 

Lot  number  one  contains  eighty  acres,  and  is  bounded  as  follows: 
[here  insert  the  boundary]  and  then  describe  each  of  the  other  lots  in 
the  same  manner. 

After  describing  the  lots,  then  state  the  valuation  of  each  lot  as  fol- 
lows: 

We  value  lot  number  one  at  two  dollars  per  acre. 

We  value  lot  number  two  at  five  dollars  per  acre,  &,c. 

Given  under  our  hands  and  seals,  this        day  of        ,18 

SEAL. 
SEAL. 
SEAL. 

In  making  the  subdivision,  the  trustees  are  not  bound  or  required  to 
regard  any  surveys,  leases  or  divisions  heretofore  made;  they  will  ex- 
ercise a  sound  discretion  upon  the  subject,  and  make  the  division  in 
the  manner  which  they  may  deem  most  advantageous  to  the  interest 
of  the  school  fund  of  the  township.  '  - 

The  trustees  are  authorized  to  make  contracts  with  lessees,  to  re- 
linquish their  leases,  "not  paying  to  exceed  one  half  the  interest  that 
would  accrue  from  the  amount  that  would  be  obtained  from  the  sale  of 
the  land  leased."  In  making  contracts  for  the  relinquishment  of  leases, 
the  valuation  of  the  land  will  be  considered  as  the  amount  that  would 
be  obtained  from  a  sale  thereof,  the  interest  will  be  calculated  on  that 
amount,  from  the  date  of  relinquishment  to  the  time  the  lease  would 
expire;  the  law  has  not  fixed  the  rate  of  interest,  but  has  authorized 
the  commissioners'  courts  of  the  several  counties,  to  establish  a  rate 
of  interest  at  which  school  funds  shall  be  loaned;  the  interest  there- 
fore may  be  computed  at  the  rate  established  by  the  commissioners' 
courts.  The  trustees  will  take  from  each  lessee  who  may  relinquish 
his  lease,  a  written  relinquishment,  in  the  following  form: 

State  of  Illinois,  County: 

Whereas,  on  the  day  of  ,18         ,  the  trustees  of  the 

school  lands  in  the  congressional  township,  known  as  township  num- 
ber ,  of  range  number  ,  leased  to  me  for  the  term  of 
years,  a  certain  tract  of  the  school  lands  within  said  town- 
ship; described  in  the  lease  as  follows:  (here  insert  the  description 
contained  in  the  lease.)  And  A.  B.,  C.  D.,  and  E.  F.,  present  trustees 
of  the  school  lands  within  the  said  township,  have  this  day  agreed, 
(here  insert  the  agreement  on  the  part  of  the  trustees.)  In  considera- 
tion of  which,  I  hereby  relinquish  my  said  lease,  and  do  hereby  re- 
lease and  assign  over  to  the  said  trustees  and  to  their  successors  in  of- 
fice, all  my  right  and  title  to  the  possession,  use  and  occupancy  of  the 
said  leased  premises;  and  I  hereby  acknowledge  myself  the  tenant  of 


•i9 

the  said  trustees,  and  agree  to  deliver  to  them,  or  their  successors,  the 
possession  of  the  said  premises  on  the  day  of  next,  in 

as  good  repair  as  they  are  in  at  present. 

Witness  my  hand  and  seal,  this  day  of  ,18 

SEAL. 


DUTIES    OF    SCHOOL    COMMISSIONER. 

School  commissioners  are  required  to  give  at  least  forty  days  notice 
of  the  time,  place,  and  terms,  of  selling  school  lands,  "by  posting  up 
written  or  printed  notices  in  six  of  the  most  public  places  in  the  coun- 
ty; and  likewise  by  publishing  the  same  in  some  newspaper  the  nearest 
to  the  land" — this  notice  should  contain  a  particular  description  of  each 
lot  of  land  to  be  sold,  and  should  not  be  published  until  the  trustees 
shall  have  returned  a  map  and  certificate  of  valuation.  The  following 
forms  should  be  adopted  by  the  commissioners  in  making  sale  of  lands, 
and  keeping  accounts. 

CERTIFICATE    OF    PURCHASE    AND    CHECK. 

Office  of  School  Commissioner  and  Agent  for  the  \ 
Inhabitants  of  the  County  of  .      ^ 


No, 

% 

Mr. 

County  of 

and  State  of 

No. 

containing 

acres, 

16th  section 

T.            R. 

at.  % 

per  acre. 

$\ 


No.  ^  

Mr.  of  the  County 

of  ,  and  State  of  ,  has  this  day  purchased 

a  lot  of  land,  containing  acres,  being-  part  of 

Section  No.  Sixteen,  Township         N.  Range         W. 
designated  on  the  Map  of  the  Section,  as  No.         ,for 
which  he  has  paid  $         per  acre,  amounting  to 
dollars,  and        cents. 

Commitrioner. 


FORM    OF    SALE    BOOK. 


Date  of 

Sale. 


Names  of  purchas- 
ers. 


Resi- 
dence. 


No.  of 
Acres. 


Price  per 
Acre. 


Am't  of 
Sale. 


Description  of 
Land. 


30 


FORM  O*"  LOAN  BOOK. 


Date  of 
Loan. 


To  whom  Loaned.'  Residence. 


Amount 
Loaned. 


Rate  of 
Interest. 


When 
due. 


Description 
of  Security. 


FORM    OF    CASH    BOOK. 


DR.      A.  B.,  School  Commissioner^  to -Township  15,  R.  10.      CR. 


Date. 


Ofwhom  received. 


Interest.  Principal 


Total. 


Date. 


To  whom  paid 
or  loaned. 


.\mount. 


LOANING    THE    SgHOOL    FUNDS. 

The  Legislature  has  made  it  a  part  of  the  duty  of  the  Commissioner 
to  sell,  to  loan  all  the  moneys  which  shall  come  into  his  possession,  and 
has  authorized  the  commissioners'  courts  of  the  several  counties  to  es- 


31 

tablish  a  rate  of  interest  at  which  school  funds  shall  be  loaned,  and  to 
make  such  rules  and  regulations  for  the  safety  and  usefulness  of  the 
same  in  their  counties  as  are  necessary  to  cause  a  judicious  and  equita- 
ble distribution  of  the  interest  arising  from  the  same. 

The  law  requires  that  the  money  shall  be  loaned  for  one  year,  or  a 
term  of  years,  not  exceeding  five — and  all  sums  loaned,  of  one  hun- 
dred dollars,  or  less,  may  be  secured  by  the  borrower  giving  a  note  with 
two  or  more  good,  I'esponsible  freeholders  as  securities;  who  shall  sign 
and  be  considered  in  all  respects  as  principals.   ' 

Sums  over  one  hundred  dollars  shall  be  secured  by  mortgage  on  real 
estate,  the  title  of  which  shall  be  clear,  unincumbered  and  indisputable, 
in  value  treble  the  amount  loaned.  Every  person  who  may  obtain  u 
loan  of  one  hundred  dollars  or  less,  will  be  required,  previous  to  obtain- 
ing the  same,  to  satisfy  the  commissioner  that  his  securities  are  respon- 
sible freeholders — he  will  also  be  required  to  execute  a  note  in  the  fol- 
lowing form : 

One  year  after  date,  we,  A.  B.,  C.  D.,  and  E.  F.,  jointly,  and  sever- 
ally, promise  to  pay  G.  H.,  school  commissioner  and  agent,  for  the  in- 
habitants of  the  county  of  ,  for  the  use  of  the  inhabitants  of 
township  number  -  ,  of  range  number  ,  the  sum  of  one 
hundred  dollars,  and  interest  thereon  at  the  rate  of  per  cent,  per 
annum,  from  this  date,  until  paid.  [If  more  than  one  hundred  dollars 
is  borrowed,  the  payment  must  be  secured  by  mortgage,  the  form  of 
which  will  be  found  in  the  "Act  providing  for  the  security  of  school 
funds,"  approved,  February  12th,  1835.]  We  further  promise,  that  in 
case  additional  security  for  the  payment  of  the  aforesaid  sum  of  mo- 
ney, and  interest,  or  any  part  thereof,  shall  be  required,  the  same  shall 
be  given  to  the  satisfaction  of  the  said  G.  H.,  or  his  successor  in  office. 

Witness  our  hands  and  seals,  this  day  of  ,18 

SEAL. 

SEAL. 

SKAL. 


ORGANIZING    SCHOOLS. 

Whenever  a  school  is  desired  in  a  township  or  neighborhood,  the  in- 
habitants employ  the  teacher,  and  engage  to  pa}-,  by  the  year,  month, 
or  scholar,  whatever  may  be  due  after  the  reception  of  the  school  funds 
— when  the  teacher  is  employed,  and  the  school  begun,  the  employers 
meet  at  the  school-house,  and  elect  three  of  their  number  to  superin- 
tend the  school — these  trustees  derive  their  authority  from  the  inhabi- 
tants who  elect  them,  and  have  no  other  duty  to  perform,  than  to  see 
that  the  school  is  conducted  in  a  proper  manner.  At  the  close  of  the 
school,  they  are  required  to  certify  the  schedule  of  the  teacher. 

The  teacher,  to  be  entitled  to  any  compensation  from  the  school 
funds,  must  keep  a  schedule,  or  day-book,  and  set  down  the  name  of 
each  scholar,  and  note  the  absence  or  presence  of  each,  every  day. 
The  following  form  will  conform  to  the  law: 


3i 


Schedule  of  a  Common  School  lept  by  A,  B.,  in    Toivnship  number 
,  Range  number  ,  in  the  County  of  ,  commencing 

on  the  day  of  ,18 


Names  of  scholars. 
Monday,  1st  June,  1835. 

Monday. 

Tuesday. 

Wednesday 

Thursday.  Friday 

Total. 

John  Jones, 
James  Jones, 

present, 
absent. 

present, 
present. 

present, 
absent. 

present, 
present. 

present, 
absent. 

5 
2 

At  the  close  of  the  school,  or  on  the  first  day  of  November,  the  teach- 
er will  make  an  abstract  of  his  schedule,  by  setting  down  the  names  of 
all  the  scholars,  and  placing  opposite  each  name,  the  total  number  of 
days  that  each  has  attended  the  school,  and  then  add  a  certificate,  in 
the  following  form: 

"I  certify,  that  the  foregoing  is  a  correct  schedule  of  the  school  kept 
by  me  in  Township  number  ,  Range  number  ,  and  that  each 

of  the  scholars  resided  in  the  said  township,  and  attended  the  school 
the  number  of  days  stated  in  the  abstract.  Given  under  my  hand, 
this  day  of  ,  1 8       ." 

The  trustees  will  then  add  a  certificate,  in  the  following  form: 
"State  of  Illinois,  County: 

"We  certify,  that  at  a  meeting  of  the  employers  of  A.  B.,  school 
teacher,  held,  pursuant  to  previous  notice,  at  the  school  house,  on  the 
day  of  ,18       ,  we  were  elected  trustees  of  said  school, 

and  that  we  have  performed  the  duties  of  trustees,  by  attending  to  the 
school  from  time  to  time,  and  superintending  the  same — that  we  have 
examined  the  foregoing  schedule  and  abstract,  and  verily  believe  the 
same  to  be  correct.  We  further  certify,  that  there  is  due  to  said 
teacher  for  his  services,  dollars.     Given  under  our  hands  and 

seals,  this  day  of  ,18 

SEAL. 
SEAL. 
SEAL. 

In  organizing  schools,  it  is  only  necessary  to  obtain  a  sufficient  num- 
ber of  scholars.  The  law  does  not  require  the  formation  of  Districts. 
In  the  distribution  of  the  township  funds,  each  scholar  is  entitled  to 
the  benefit  of  the  funds  of  the  township  in  which  he  resides;  and  where 
a  teacher  has  scholars  residing  in  several  townships,  separate  schedules 
should  be  kept  for  each  township.  The  schedules  should  be  returned 
to  the  school  commissioners  by  the  first  Monday  in  November.  The 
township  funds  are  required  to  be  paid  to  teachers  on  the  second  Mon- 
days in  November.  The  State  funds  are  not  paid  to  school  commis- 
sioners until  the  first  of  January,  and  cannot  be  paid  to  teachers  until 
after  that  time. 


38 

It  will  be  seen  by  the  Act  approved  7th  February,  1835,  that  any 
number  of  inhabitants  of  a  township  may  associate  together,  and  pur- 
chase ten  acres  or  less  of  land,  for  the  use  of  a  school  house,  and  have 
the  title  made  to  the  trustees  of  the  school  lands  in  the  township,  and 
their  successors  forever.  The  following  form  of  conveyance  should 
be  adopted: 

"This  indenture  made  and  entered  into  this  day  of  , 

18       ,  between  A.  B.  and  C.  D.  his  wife,  of  the  county  of  ,  and 

State  of  ,  of  the  first  part,  and  the  "Trustees  of  School  Lands  in 

Township  number  ,  Range  number  ,  in  the  County  of 

,"  of  the  second  part,  Witnesseth:  That,  whereas  A.  B.,  C.  D., 
and  E.  F.,  {insert  here  the  names  of  all  the  persons  who  contribute  to  the 
purchase  of  the  Land,  or  building  the  School  House,)  inhabitants  of  said 
township,  have  purchased  of  the  said  A.  B.,  party  of  the  first  part,  a 
certain  piece  or  parcel  of  land  situated  in  said  township,  being  (he7'e 
describe  the  land,)  and  paid  therefor,  the  sum  of  dollars,  for  the 

purpose  of  erecting  thereon  a  school  house  or  houses,  and  of  organizing 
and  maintaining  a  common  school  for  the  education  [of  their  children, 
wards,  and  apprentices,  and  the  children,  wards,  and  apprentices  of 
their  successors  forever,  and  such  other  children  as  may  be  admitted 
according  to  the  rules  and  regulations  of  the  school;]  and  the  said  in- 
habitants being  desirous  that  the  said  land  shall  be  conveyed  to  the 
parties  of  the  second  part,  and  their  successors  forever,  and  held  in 
perpetuity  for  the  uses  and  purposes  aforesaid;  the  said  parties  of  the 
first  part,  do,  in  consideration  of  the  premises,  hereby  grant,  bargain, 
sell,  and  convey,  unto  the  s  lid  parties  of  the  second  part,  and  their  suc- 
cessors forever,  the  aforesaid  piece  or  parcel  of  land,  with  the  appur- 
tenances thereof.  To  have  and  to  hold  the  same  forever,  for  the  use 
of  the  inhabitants  aforesaid,  and  their  successors  and  assigns,  the  said 
land  and  the  house  or  houses  which  mny  be  erected  thereon,  to  be  used 
and  occupied  by  them,  exclusively,  for  the  uses  and  purposes  express- 
ed in  this  deed,  and  for  no  other.  And  the  said  A.  B.  hereby  covenants 
to  warrant,  and  forever  defend  the  title  to  said  land,  unto  the  parties 
of  the  second  part,  and  their  successors  forever,  against  the  claim  of 
all  and  every  person,or  persons  whomsoever.  In  testimony  whereof, 
the  parties  of  the  first  part,  hereto  sign  their  names,  and  affix  their 
seals,  the  date  first  herein  written. 

Witness: 

SEAL- 
SEAL. 

If  the  land  and  house  is  intended  for  the  use  of  the  inhabitants  of  the 
township  generally,  the  words  included  in  brackets,  in  the  deed,  must 
be  omitted,  and  the  following  words  inserted,  viz:  "of  all  children 
whose  parents,  guardians,  or  piasters,  reside  in  the  said  township,  and 
such  others  as  may  be  admitted  by  the  rules  and  regulations  of  the 
school."  5 


1  X  D  E  X . 


PAGE 

APPORTIOiNMENT  OF  LNTEREST— How  made,  15-1G-17 

AUDITOR  &  SECRETARY  OF  STATE— When  required,  shall 

give  officinl  information  to  school  comniisi>ionor?,  11 
COMMISSIONERS  OF  SCHOOL  FUND— To  provide  books  for 

said  fund,  23 
Authorized  to  remove  the  same  from  U.  8.  Bank  into  State 

Treasury,  25 

Accounts  of,  how  kept,  '23 

CREDIT— May  be  given  on  Pale  of  school  lands,  19 
DEBTS  DUE   SCHOOL   FUND— Shall  have  preference  over  all 

others,  except  funeral  expenses,  20 

GRATUITOUS  INSTRUCTION— Not  allowed,  22 

Laws  authorizing  the  same,  repealed,             -  ib 
INTEREST  ON  MONEY  LOANED— Rate  of, to  be  established  by 

the  county  comniissioners'  court,  li 
Api>ortionment  of,  how  made,                                                 15-16-17 
INTEREST    OF    COLLEGE    &   SEMINARY    FUNDS— To  be 

loaned  annually  lo  school  fund,  23 
To  be  distributed  annually,  and  in  what  proportion,  24 
To  be  paid  to  teachers  of  schools,                                         -  ib 
INHABITANTS  OF  TOWNSHIPS— Associating  for  school  purposes,  22 
May  purchase  land?,                                .  ib 
LEASES — Term  for  which  they  may  be  made,  0 
Confirmed  in  certain  cases,  19 
LESSEES  OF  SCHOOL  LANDS— Liability  of,  for  committing  waste,  6-22 
Failure  of,  to  pay  interest,                                                            20-22 
Failing  to  give  additional  security  when  recpiired,  20 
LAWS  AUTHORIZING  GRATUITOUS  INSTRUCTION— Repealed,      22 
MONEY — In  the  hands  of  trustees  to  be  paid  to  school  commissioners,  18 
MORTGAGES — To  be  taken  bv  school  commissioners — term  of,  20 
PETITIONS  FOR  THE  SALE  OF  SCHOOL   LANDS— Requi- 
sites of,  9-13 
Duty  of  school  commissioners  in  relation  to  ib 
PATENTS  FOR  SCHOOL  LANDS— By  whom  issued  11 
RECORD  BOOKS— How  paid  for,  21 
SCHOOL  COMMISSIONERS— How  appdnted  e-13 
To  give  bond  annually  21 
When  refjuired  to  give  additional  bonds  ib 
Compensation  of,  for  apportioning  interest  18 
Moneys  in  the  hands  of  trustees  to  be  paid  to  ib 
Form  of  mortgage  to  be  taken  by  '^0 
When  and  how,  may  be  removed  from  office  8-13 
Shall  keep  records  of  all  school  lands  9 
Petition  to  sell  to  be  presented  to  ib 
Dnty  of,  in  relation  to  selling  sch»ol  landa  9-10 


35 

SCHOOL  COMMISSIONERS— (continued.)  rxon 
Shall  make  rejwrt  of  sales  to  commissioners'  court  and  auditor 

of  public  accounts  jq 

Shall  keep  records  of  all  business  of  their  office  1 1 

Shall  loan  money  and  upon  what  termo  U-IS 

Resigning  or  refusing  to  act,  to  ^ive  up  all  his  paoers  "'   15 
Auditor  and  secretary  to  give  omcial  information"  to,  when  re- 
quired 2j 

SCHOOL  LANDS— Under  lense  to  be  exempt  from  salo  14 

Sale  of,  how  conductad  &-10-14 

Requisites  of  a  petition  for  the  sale  of  '©-13 

Duty  of  school  commissioners  in  relation  to  ib 

Liability  of  lessees  of,  for  committing  waste  6-22 

Persons  trespassing  on,  penalty  for     .  4 

Penalty  how  recovered  jb 

Trespassers  how  proceeded  against  5 

Duty  of  circuit  courts  in  relation  to  ib 

Patents  for,  by  whom  issued  H 

Valuation  of,  to  be  made  by  trustees  13 

SCHOOL  FUND — Commissioners  authorizerl  to  remove  the  same  from 

the  U.  S.  Bank  into  the  state  treasury  25 

How  applied                                                        '  jj, 

State  to  pay  interest  on  the  same  at  6  per  cent,  per  annum  ib 

Interest  on  college  and  seminary  funds  to  be  paid  to,  annually  23 

To  be  distributed  annually  and  in  what  proportion  24 

Commissioners  of,  to  provide  books  for  same                             -  23 

Books  how  paid  for  21 
Debts  due  the,  to  have  preference  over  all  others  except  funeral 

expenses  20 
Apportionment  of  interest  of,  how  made  15-16-17 
Persons  failing  to  pay  interest  or  principal  how  proceeded 

again&t  20 

Failing  to  give  additional  security  when  required  ib 

TRUSTEES  OF  SCHOOL  LANDS— How  appointed  5-^3-13 

Term  of  service  of  Q 

Shall  be  sworn                                                '  ib 

Declared  a  body  corporate  ib 

Shall  have  power  to  make  leases  6-22 

May  lease  for  ten  years  0 

May  appoint  a  clerk  and  treasurer  7 

Death  or  res'gnation  of  ib 

Compensation  of  ib 

Valuation  of  school  lands  to  be  made  by  13 

To  certify  the  amount  due  each  teacher  18 

Moneys  in  tlie  hands  of,  to  be  paid  to  school  commissioners  ib 

TEACHER  OF  SCHOOLS— Duty  of  16-17 

Shall  make  schedule  of  all  scholars  ib 

Interest  on  college  and  seminary  funds  to  be  paid  to  24 

Amount  due  to,  to  be  certified  by  the  trustees  18 

TOWNSHIPS — Partly  in  one  county  and  pavtlv  in  another,  bow  regulated  7 

TOWNSHIP  FUND— To  be  kept  separate  from  countv  fund  25 

VALUATION  OF  SCHOOL  LANDS— To  bo  made  by  truilees  13 


INDEX    TO    THE    APPENDIX. 

PAGB 

CONVEYANCES  TO  TRUSTEES— Form  of  33 

CASH  BOOKS— Form  of  30 
CERT[F[CATES— Form  of                                                        (fee  forms) 

FORMS Of  a  petition  to  sell  school  lands  2G 

Of  affidavit  of  trustees  ib 

Of  certificate  of  trustees  27 

•                Of  certificate  of  purchase  and  check  29 

Of  cash  book                                                              *  SO 

Of  loan  book  ib 

Of  sale  book  ib 

Of  teachers'  schedules  32 

Of  affidavit  of  witnesses  ib 

Of  the  relinquishment  of  leases  28 

Of  certificate  of  valuation  of  school  lands  27 

Of  notes  for  the  purchase  of  school  lands  31 

Of  certificate  to  teachers'  abstracts  from  scher'ules  32 

Of  conveyances  to  trustees  33 
INHABITANTS  OF  TOWNSHIPS— Associated  together  for  school 

purpose?,  may  purclnse  lands  33 
Title  to  be  vested  in  trustees  of  school  lands  ib 
Form  of  the  convevance  ib 
LOAN  BOOK— Form  of       '  30 
NOTES— Form  of                                                                         (see  forms) 
PETITIONS  FOP.  THE  SALE  OF  SCHOOL  LANDS— Form  of  26 
By  whom  signed  and  how — witnesses  to  make  affidavit  ib 
Form  of  aflidavit  ib 
RELINQUISHMENT  OF  LEASES— Trustees  authorized  to  make  con- 
tracts for  28 
Form  of  ib 
SALE  BOOKS— Form  of  30 
SCHOOL  COIVIMISSIONERS— duties  of  29 
To  give  forty  days  notice  of  sales  of  school  lands  ib 
In  what  manner  ib 
Contents  of  the  notice  ib 
Form  of  his  certificate  of  purchase  and  check  ib 
SCHOOL  FUND— Manner  of  loaning  30 
Form  of  note  31 
SCHOOL  LANDS— Petition  for  tl>e  sale  of,  fonn  of  26 
Bj'  wliom  signed  and  how — witnesses  to  make  affidavit  ib 
Form  of  aflidavit  jb 
SCHOOLS — Manner  of  oigaiiiziug  31 
What  deemed  necessary  32 
SCHEDUIiES— To  be  kept  by  teachers  31 
Form  of  32 
To  be  returned  to  school  commissioner  ib 
Separate  to  be  kept  for  each  township  ib 
TRUSTEES  OF  SCHOOL  LANDS— To  make  map  of  township  and  value  it  27 
To  certify  the  same — form  of  cevtificaie  ib 
Authori.^ed  to  make  cfntracts  for  tlie  re'nnqtishment  of  leases  28 
Form  of  the  relinquishment — to  certify  the  amOLint  due  teachers  ib 
TEACHERS  OF  SCHOOL?— To  keep  schedules  31 
When  scholars  attend  fiOm  diflerent  townships,  schedules  to  be  kept  separate      32 
To  return  schedules  to  school  commissioners  ib 
To  make  abstracts  from,  and  certify  tlie  same  ih 
Form  of  certificate — form  of  schedule  ib 


